Attachment B - Approval Report 220071.pdf

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Planning and Development Department 
CONDITIONAL APPROVAL – ABND 220071 
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 Alyssa Neitzel at 602-534-7321 for questions and 
notification of your completion of the stipulations.  
Upon completion of the stipulations your request will be scheduled for City Council action. 
If the stipulations of abandonment are not completed within two years from the date of your 
conditional approval (your expiration date is March 9, 2025), 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. 
ATTACHMENT B

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Planning and Development Department  
 
 
March 9, 2023 
Preliminary Abandonment Staff Report: ABND 220071 
Project# 19-4244 
 Quarter Section: 18-29 
District#: 4 
 
 
 
Location: 
Northeast Corner of 7th Street and  
 
 
Minnezona Avenue 
 
 
Applicant:  
 
 
 
 
 
Thomas Owens 
 
 
Request:  
To abandon the 16-foot-wide alley that starts 
at 
Minnezona 
Avenue 
and 
runs 
approximately 109 feet +/- until it terminates 
before the Grand Canal. 
 
 
Purpose of request:  
Applicant states: the owner is proposing to 
rezone the R-3 lot to C-2 and add a 
recreational area and additional parking to 
support his growing business. 
 
 
Hearing date:  
March 9, 2023

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Hearing Summary 
Mr. Christopher DePerro, the Abandonment Hearing Officer calls the meeting to order on March 
9, 2023. 
Ms. Alyssa Neitzel, the Abandonment Coordinator introduced abandonment ABND 220071 and 
read the case into the record by stating the applicant, location, and purpose of the request, as 
well as City staff research. 
Mr. DePerro then started the discussion by asking the applicant if they would like to add any 
additional comments regarding the abandonment request.  
Mr. Thomas Owens, applicant, gives the presenting rights to TJ Owens, Project Engineer. 
Mr. TJ Owens states purpose of request and development plans as they relate to the PUE.  
Mr. DePerro requests to hear comments from various departments and attendees.  
Mr. Mike Rose reiterates history of the project as described by TJ Owens. Explains project design 
and expansion. Possibly relocating water, gas, and sewer lines to Minnezona Avenue.

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Mr. DePerro explains the role of an abandonment as it relates to stipulations as to relocating or 
removing utility easements.  
Ms. Neitzel reads comments and stipulations from various city departments and utility companies. 
Mr. DePerro elaborates on SRP recommended stipulation in regard to the USA fee easement and 
how a city abandonment will not affect that as it is a federal government entity.  
 
Ms. Neitzel reads recommended stipulations.  
 
Mr. DePerro explains stipulations 1 and 2 and the next steps in the abandonment process once 
the stipulations are met.  
 
The Hearing Officer grants conditional approval for abandonment 220071 subject to stipulations 
in staff report dated March 9, 2023, as written. 
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. All utilities shall be relocated to locations approved by each affected utility company.  
All 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 30-feet of the monument line along Minnezona Avenue may be 
abandoned. 
 
4. All stipulations must be completed within two years from the Abandonment Hearing 
Officer’s decision.

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This conditional approval has been reviewed and approved by the Abandonment Hearing Officer. 
 
 
 
Hearing Officer Signature: ____________________________________    Date: __________ 
 
 
REPORT SUBMITTED BY: Paulina Hernandez, Abandonment Secretary 
 
cc: 
Applicant/Representative, Thomas Owens  
Christopher DePerro, Abandonment Hearing Officer 
4/5/23