Attachment B - Approval Report ABND 230021.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 230021 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 June 8, 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 2 Planning and Development Department June 8, 2023 Abandonment Staff Report: ABND 230021 Project# 00-2661 Quarter Section: 13-30 District: 4 Location: Southwest corner of East Almeria Road and North 15th Street Applicant: Jordan Greenman Request to abandon: To abandon the L-Shaped Alley connecting North 15th Street and East Almeria Road of the parcel 172-20-013A Purpose of request: The applicant states to reconsolidate the proposed abandonment area back to the neighboring landowners. Hearing date: June 8, 2023 3 Hearing Summary Mr. Christopher DePerro, the Abandonment Hearing Officer opened the hearing and provided instructions. Ms. Danielle Bohannan, acting Abandonment Coordinator, introduced abandonment ABND 230021 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. Jordan Greenman, applicant, expands on request and concern regarding stipulation number three from the Streets Transportation Department. Mr. Joshua Rogers, Streets Transportation Department Representative explains requirements pertaining to curb, gutter, sidewalk with alley closure. Mr. Greenman speaks on the purpose of the alley abandonment request to increase lot size, land and that it serves no purpose for the abutting properties. It has become a nuisance and City trash collection is picked up on the North side of the residential properties. Public utility easements will remain, and the applicants are wanting to privatize the area. Mr. Rogers asks if they will be installing gates on both exits of alley. Mr. Greenman states they want to privatize to increase lot size and to increase rear yard setback for the residential properties. 4 Mr. DePerro states, if they privatize the alley, it would be considered trespassing for anyone being on that property unlawfully. Verifies sewer and water lines in the area and the applicant would have to retain as a public utility easement. Mr. Rogers suggests they modify the stipulation to state “if the applicant closes the alley entrances…” and right-of-way remains for fifteenth and Almeria Streets. Mr. Greenman is amenable to that and states no other issues with report. Mr. DePerro asks if there are any other attendees who wish to comment. Mr. Ray Michaels, client of Mr. Greenman adds that they are looking to secure the property. The Hearing Officer grants conditional approval for abandonment 230021 subject to stipulations in staff report with one modification to stipulation number five to state “If the applicant closes the alley entrances on Almeria Road and fifteenth Street with new curb (per MAG Detail 220-2), gutter, sidewalk and incidentals. The entrance may remain if approved by the Street Transportation Department.” 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. 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 Almeria Road may be abandoned. 4. No right-of-way within 30-feet of the monument line along 15th Street may be abandoned. 5. If the applicant shall close the alley entrances on Almeria Road and 15th Street with new curb (Per MAG Detail 220-2), gutter, sidewalk, and incidentals. The entrance may remain 5 if approved by the Street Transportation Department. 6. All stipulations must be completed within two years from the Abandonment Hearing Officer’s decision. 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, Jordan Greenman Christopher DePerro, Previous Abandonment Hearing Officer Craig Messer, Current Abandonment Hearing Officer January 8, 2025