Attachment B - Approval Report 220056.pdf

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Planning and Development Department  
 
 
 
 
 
CORRECTED REPORT OF 
CONDITIONAL APPROVAL – ABND 220056 
 
 
 
   
 
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 January 12, 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.

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Planning and Development Department 
CORRECTED REPORT 
January 12, 2023 
Preliminary Abandonment Staff Report: ABND 220056 
Project# 16-1159 
 Quarter Section: 16-36 
District#: 6 
Location: 
Whitton Avenue and 39th Street 
Applicant: 
Request: 
Purpose of request: 
Hearing date: 
Harold E. Gries II 
To abandon the 8-foot-wide alley south of 
Whitton Avenue between 38th Street and 
39th Street. 
The applicant states: The nature of a ½ alley 
creates a security risk for the owner/ 
residents 
adjacent 
to 
it 
(attracts 
the 
homeless/ illicit drug use). Owners would 
also like to increase the buildable area of 
their lots. 
January 12, 2023 
CORRECTED REPORT SIGNED 2/2/2023

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Hearing Summary 
Mr. Christopher DePerro, the Abandonment Hearing Officer calls the meeting to order on January 
12, 2023. 
Ms. Alyssa Neitzel, the Abandonment Coordinator introduced abandonment ABND 220056 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. Harold Gries, applicant adds purpose of request and the impact it would have on his proposed 
project. 
Mr. DePerro requests to hear comments from various departments and attendees.  
Ms. Maja Brkovic, Streets Transportation Representative reads stipulations regarding the 
proposed abandonment.  
Mr. DePerro details requirements from the Water Services Department for existing easement/s to 
remain.

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Mr. Gries asks if he will need to dedicate another 8-feet from his property.  
Mr. DePerro states no, that should have been completed originally for the lots south of the alley. 
Ms. Brkovic adds comments regarding ROW on north-east side of alley/triangles to answer Mr. 
Greis’ question.  
Mr. DePerro adds an ALTA survey would be needed and that this scope of request is not usually 
considered with an alley abandonment. He goes on the state that an Informal hearing may be an 
option for the triangular section of ROW later.  
Mr. Brandon Hunt, neighbor adds comments regarding overhead power lines and PUE concerns. 
Dr. Dawn Marie Augusta, neighbor adds comments regarding implications of adding an additional 
8-feet to her parcel.  
Ms. Paulina Hernandez, Abandonment Secretary reads opposition email from Lauren Brogan 
who resides at 3830 East Crittenden Lane, Phoenix 85018 who states there are privacy issues 
and no evidence of loitering in the alley. 
Ms. Neitzel adds that Ms. Brogan wanted her, or husband’s signature redacted from support of 
this abandonment.  
Mr. DePerro adds clause to stipulation #3 “unless otherwise approved in writing by the Water 
Services Department.”  
 
The Hearing Officer grants conditional approval for abandonment 220056 subject to stipulations 
in staff report with modifications. 
POST HEARING:  Water Services corrects comments to not require any additional dedications 
beyond the area to be abandoned.  Stipulation is removed and corrected stipulations are below. 
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. A public utility easement (PUE) must be retained over all the of the area to be abandoned.  
 
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. 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, Harold Gries, II 
Christopher DePerro, Abandonment Hearing Officer 
2/2/2023