Attachment B - Approval Report 180052.pdf

Attachment B - Approval Report

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City of Phoenix

Planning and Development Department

CONDITIONAL APPROVAL -— 180052A

Your abandonment request was granted CONDITIONAL APPROVAL by Christopher DePerro,
Abandonment Hearing Officer.

This request will NOT be completed until all the stipulations have been met and this request is formally
adopted by City Council. It is the APPLICANT’S RESPONSIBILITY to ensure that all stipulations are
satisfied. Please contact Robert G. Martinez at (602) 495-0806 for questions and notification of your
completion of the stipulations.

Upon completion of the stipulations, Robert G. Martinez will schedule your request for City Council
action.

If the stipulations of abandonment are not completed within one year from the date of your conditional
approval (your expiration date is September 25, 2019), this request will then expire. At that time a
new submittal will be required along with the required payment for the abandonment process. A one
time, one-year extension can be requested prior to the expiration date, with applicable extension fee
due.

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City of Phoenix

Planning and Development Department

September 25, 2018
Abandonment Staff Report: V180052A
Project# 00-1554
Quarter Section: 17-31

Location: 4242 North 18" Place

Applicant: Marc Alexander

Request to abandon: To abandon the 10-feet north of the property 4242
N 18th Place, APN 163-29-002. Book 030, page
23.

Purpose of request: The applicant states: the abandonment is for
adding square footage to property for an addition to
the garage.

Hearing date: September 25, 2018

E GLENROSA AVE

____— Propose: to abandon right-of way

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APH 13.29.02 |
APPLICANT: Marc Alexander (ZZ) RBANDONMENTAREA |
APPLICATION NO: V180052A QUARTER SECTION: 17-31
i) DATE: 3-Aug-2018 Docket & Page: 030-23

Planning & Development Department

Hearing Summary

Mr. Christopher DePerro, Hearing Officer, started the discussion by questioning whether the applicant's
request was valid considering the possible abandonment may not give the applicant the outcome he is
expecting. Assuming the abandonment is granted, there is still a concern regarding the 10-foot side
yard setback where the proposed carport addition will likely be. This will possibly lead to a variance for
the proposed addition.

Mr. Marc Alexander, as the applicant explained the request to abandon 10 feet of right-of-way to
enlarge his existing garage. The applicant noted that the property was annexed into the city after it was
constructed and there are grading issues with the property, particularly the garage.

Mr. Alan Hilty noted that normally local half streets need to be 25 feet. However, a 5-ft sidewalk
easement can be added if 10 feet of right-of-way is abandoned to be in compliance with the code.

The Hearing Officer approved the abandonment with a conditional approval with revised stipulations.

Stipulations of Conditional Approval

The request of abandonment, is conditionally approved by the Abandonment Hearing Officer. The
following stipulations will need to be met:

1. Either a or b shall be complied with:

a. Allutilities shall be relocated to locations approved by each affected utility company. All
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work is to be done by each affected utility company at no expense to the affected utility
company. An appropriate performance agreement, in an approved form and cost amount,
must be posted with the Planning and Development Department to guarantee the
improvements.

b. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle
maintenance access.

2. Consideration which provides a public benefit to the City is required in accordance with City
Code Art. 5, Sec. 31-64 and Ordinance G-5332. Cost for abandoned Right-of-Way adjacent to
property not zoned single family residential will be $500 OR Fair Market Value’ whichever is
greater. Cost for property zoned single family residential is $1.00 a square foot for the first 500
square feet, $0.10 a square foot thereafter; OR Fair Market Value at the option of the Planning
and Development Director or designee. The applicant shall submit calculation and fee to
Planning and Development Department. The applicant shall request a selection of approved
appraisers from the current list maintained by the Real Estate division of the Finance
Department.

3. No right-of-way within 20 feet of the Glenrosa Avenue monument line may be abandoned.
4. A 5-foot sidewalk easement will be retained along northern property line.

5. Abandonment will require streetlight to remain in place, 3-foot public utility easement/ street light
easement is required.

6. The existing water meter shall be relocated onto the public right-of-way or within a 3’ ft. by 3’ ft.
water easement in accordance with plans submitted to and approved by the Planning and
Development Department. All work is to be done by City forces at no expense to the City of
Phoenix.

7. All stipulations must be completed within one year from the Abandonment Hearing Officer's
decision.

This conditional approval has been reviewed and approved by the Abandonment Hearing Officer.

Date: (0-2: (K

Hearing Officer Signature:

REPORT SUBMITTED BY: Ama Murrietta, Abandonment Secretary
cc: Applicant/Representative, Marc Alexander

Christopher DePerro, Abandonment Hearing Officer

1 If the area to be abandoned is within or adjacent to a redevelopment area
established pursuant to A.R.S.§36-1471 ET.SEQ., Consideration may be given to the
restrictions upon the property and the covenants, conditions and obligations
assumed by the redeveloper in the determination of fair market value.

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