Attachment C - Abandonment Appeal Application 220011

Abandonment
Decision Appeal
In accordance with Section 31-70, Article V of the City Code, the decision of the Abandonment 
Hearing Officer regarding the abandonment of public rights-of way may be appealed. Any 
decision of the Abandonment Hearing Officer shall be considered final unless a person 
aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning & 
Development Department within fifteen calendar days after the decision is made. The 
completed abandonment appeal form and filing fee* must be submitted to the Planning & 
Development Department, Check-In/Information Counter, located at 200 West Washington 
Street, 2nd floor, Phoenix, Arizona 85003.
*All fees are pursuant to the current Fee Schedule contained in Appendix A.2. of the 
Phoenix City Code.
Appellant’s Name:     
Address:    
City:    
 State:    
 
Zip:    
 
Phone:
Email: 
Affiliation:    
Appeal to City Council
Be specific as to what you are appealing. Include the rationale for your appeal. Attachments 
may be included.
Abandonment # V-  
Date Heard:     
Located at approximately:     
Abandonment Hearing Officer:
Approved
Denied
Appealing Decision:    
Appealing Stipulation:
Appealing Stipulation:     
Appealing Stipulation:   
------------------------------------------------------------- Staff Use  Only --------------------------------------------------------------
Received By:    
Receipt #:    
Date:     
Reviewed By:  
Receipt #:  
Date:     
Page 1 of 1 
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive 
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please 
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html. This publication can be made available in alternate formats 
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
P:\Abandonment Decision Appeal
TRT/DOC/00005
WEB\ EXTERNAL dsd_trt_pdf_00005
Rev. 11/12
Benjamin Graff, Quarles & Brady, LLP on Behalf of Kim Komando & Barry Young
2 N. Central Avenue, 6th Floor
Phoenix
AZ
85004
(602) 229-5683
Benjamin.Graff@Quarles.com
Attorney for Appellant
ABND 220011
April 14, 2022
4640 E Camelback Heights Way, Phoenix AZ 85018
Request to Deny Abandonment. See attached Notice of Abandonment Appeal Narrative.
MDE
4/29/2022
MDE
4/29/2022

QB\73627440.1
Renaissance One
Two North Central Avenue
Phoenix, Arizona  85004-2391
602.229.5200
Fax 602.229.5690
www.quarles.com
Benjamin W. Graff
Direct Dial: (602) 229-5683
E-Mail: Benjamin.Graff@Quarles.com
Attorneys at Law in
Chicago
Indianapolis
Madison
Milwaukee
Minneapolis
Naples
Phoenix
Tampa
Tucson
Washington, D.C.
April 29, 2022
VIA EMAIL
Phoenix City Council
City of Phoenix
200 West Washington Street
Phoenix, AZ 85003
Mayor.Gallego@phoenix.gov  
Council.District.6@phoenix.gov
RE: Formal Notice of Abandonment Appeal: ABND 220011
Honorable Mayor Gallego, Councilmember DiCiccio, and Councilmembers,
Our firm represents Ms. Kim Komando and Mr. Barry Young (EK Holdings Delaware, LLC) (the 
"Appellant"), the owners of the property located at 4655 E Camelback Heights Way, Phoenix, AZ 
85018 within Phoenix Council District 6, in regard to this Notice of Abandonment Appeal of the 
April 14, 2022 Hearing Officer approval of Case No. ABND 220011 (the “Abandonment 
Application”).  In accordance with Section 31-70, Article V of the City Code, the decision of the 
Abandonment Hearing Officer regarding the abandonment of public rights-of way may be 
appealed. Any decision of the Abandonment Hearing Officer shall be considered final unless a 
person aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning & 
Development Department within fifteen calendar days after the decision is made.  Here, the 
Appellant has submitted the requested appeal and requisite filing fee in a timely manner before the 
April 29, 2022 5:00 PM deadline.
The subject of the abandonment is a portion of land at North Camelback Canyon Drive and East 
Camelback Heights Way, located directly across from the Appellant's home (the “Abandonment 
Area”). See Aerial Maps Attached at Tab A. The abandonment was approved on April 14, 2022,
despite opposition from the Appellant and a request to continue the case to allow for further 
discussions between the neighbors. The Applicant would not agree to a continuance and the 
Hearing Officer forwarded a recommendation of approval to the City Council. Since April 14, 
2022, the entire neighborhood along Camelback Heights Way (six parcel owners in total), have 
expressed opposition.  See Opposition Map Attached at Tab B.  100% of the property owners
located along Camelback Heights Way, with the exception of the Applicant, and an additional

QB\73627440.1 
 
ABND 220011 Notice of Abandonment Appeal 
Page 2 of 5 
 
 
property owner on Camelback Canyon Drive (directly north of the Applicant’s home) have joined 
in this appeal and respectfully request the Phoenix City Council overturn the Hearing Officer's 
approval and deny the requested abandonment.  See Letters of Opposition from Six Parcel Owners 
Attached at Tab C. 
Site History 
City records show the subject right-of-way was dedicated through the Camelback Heights Plat, 
recorded on December 16, 1956 on docket 69, page 49 of the Maricopa County Recorder. If 
abandoned, the right-of-way will be conveyed back in ownership to the Applicant.  This appeal 
does not question to whom the abandoned area should be conveyed to if approved, but instead, 
that the loss of naturally vegetated public right-of-way combined with the Applicant’s intended 
use of the Abandonment Area, is detrimental to the surrounding neighborhood. As is further 
discussed, the proposed abandonment also conflicts with the goals of the neighborhood as a whole 
to privatize Camelback Heights Way and install a private access gate. 
The Abandonment Should be Denied for Lack of Proper Notice, Petition Signatures, and 
Failure to Communicate with the Appellant Prior to the April 14, 2022 Abandonment 
Hearing. 
The City of Phoenix Abandonment process does not include a robust notification procedure, which 
frequently results in concerned neighbors being informed of abandonments at the last minute by 
signage or through word-of-mouth.  However, the City also requires an abandonment petition to 
be signed by “one hundred percent of the property owners in and/or abutting the affected area.” 
See Abandonment, Right-of-Way Petition included within Applicant’s Application Attached at 
Tab D.  In this case, the Appellant’s home (Parcel No. 171-16-017A), as well as Parcel Nos. 171-
16-007 and 171-16-006, are located directly adjacent to the Abandonment Area.  In fact, the 
Appellant’s home and view looking directly Northwest includes the Abandonment Area.  Despite 
these facts, the Abandonment Petition provided by the Applicant only includes a single signature 
– the Applicant’s signature.  The petition fails to include signatures from the other affected parcels 
and therefore the Applicant failed to provide proper notice. 
Additionally, prior to the April 14, 2022 Abandonment Hearing, the Applicant informed the 
Appellant that their son would be contacting them prior to the hearing to discuss the abandonment.  
But as the hearing began on April 14th, the Appellant had not received any communication from 
the Applicant. 
Finally, it should be noted that during the April 14, 2022 Abandonment Hearing, the Appellant 
requested a continuance to allow the parties time to discuss the request, before it was forwarded to 
the City Council for final approval.  The Applicant refused to agree to a continuance and the 
Hearing Officer forwarded a recommendation of approval to the City Council, notwithstanding the 
strong opposition present the hearing.  The refusal to allow for a continuance forced the hand of 
the Appellant, and the other six surrounding property owners, to file this appeal.  Now, the only 
equitable measure is for the City Council to deny the requested abandonment before the resulting 
use and disturbance of the area creates irreparable harm to the neighborhood.

QB\73627440.1 
 
ABND 220011 Notice of Abandonment Appeal 
Page 3 of 5 
 
 
The Neighbors Are Opposed to the Proposed Use of the Right-of-Way, the Detrimental 
Impact on the Neighborhood, and the Interference With the Long-Term Goal of Privatizing 
Camelback Heights Way 
The property owners along Camelback Heights Way have recently begun discussions to privatize 
this road and construct a private access gate near the convergence of Camelback Canyon Drive 
and Camelback Heights Way.  See Map of Approximate Locations of the Access Gate Attached 
at Tab A. The Applicant was fully aware of this intent prior to submitting the abandonment 
application. The privatization of the road will require coordination between the neighbors and 
notably, coordination with the City of Phoenix on the use (via a revocable permit) and 
abandonment of any public right-of-way to allow for the privatization of the road and the 
construction of the access gate.  Despite these ongoing discussions, the Applicant’s request seeks 
to utilize the public right-of-way for the Applicant’s sole benefit, while also moving the 
Applicant’s driveway closer to the intersection of Camelback Canyon Drive and Camelback 
Heights Way in conflict with possible locations for the access gate.  The requested abandonment 
should be denied thereby allowing all property owners along Camelback Heights Way to discuss 
and agree upon what is beneficial for the neighborhood, rather than this unilateral request which 
only benefits the Applicant.  
The Abandonment Should be Denied Because Applicant’s Abandonment Narrative and 
Submitted Site Plans Confirm the Applicant's Intent to Use the Abandonment Area for an 
Access Driveway, Guest Parking, and Disturbed/New Vegetation.  
An Examination of the Applicant’s Abandonment Application and Narrative  
The proposed Abandonment Application No. ABND 220011 requested to abandon a portion of 
land where North Camelback Canyon Drive and East Camelback Heights Way meet, as shown on 
the attached Abandonment Aerial Map Exhibit at Tab A. The Applicant provided a narrative along 
with the abandonment application which provided justifications for the request.  See Applicant's 
Narrative Dated February 14, 2022 Attached at Tab D. The City of Phoenix also issued a Staff 
Report.  See Abandonment Staff Report Dated April 14, 2022 Attached at Tab E.  
As is discussed in detail in this section, the Appellant was surprised by the discrepancies between 
the written narrative and the Applicant’s statements made during the April 14th, 2022 Hearing.  
The Applicant’s testimony also directly conflicts with the site plan submitted to the City by the 
Applicant, which is further discussed in this appeal. While the Applicant stated during the hearing 
that the Abandonment Area would be left undisturbed with its existing natural desert vegetation, 
the Applicant’s own narrative and site plan tell the story of significant disturbance and an extended 
driveway within the Abandonment Area. After a review of the Abandonment Application, Staff 
Report, Hearing and prior submittals, the Appellant is able to clarify the Applicant’s intent for the 
Abandonment Area.  
First, the Applicant’s Right-of-Way Petition states the Applicant supports the abandonment 
because it “allows access from the driveway to occur directly from the street right-of-way instead 
of across the additional City-owned land.” In response to this and similar statements within the 
Applicant’s narrative, the City’s Staff Report also states, “[t]he applicant states [the purpose is] to

QB\73627440.1 
 
ABND 220011 Notice of Abandonment Appeal 
Page 4 of 5 
 
 
allow access to the private residence directly from the roadway right-of-way, to place 
responsibility to maintain vegetation upon the property owner instead of the City, and to allow the 
property owner to provide guest parking on their property instead of the street.” See the 
Abandonment Application attached at Tab D and Staff Report attached at Tab E.  
Regarding parking and the expansion of the driveway, Applicant’s Abandonment Application 
states, “[i]ncorporating the City’s right-of-way into the subject property will allow a longer 
driveway with room for a guest parking area that will increase safety for all residents in this area 
and their visitors.” Contrary to the Applicant’s own narrative, the Applicant stated during the 
Hearing that there would be no additional disturbance, driveway expansion, or parking in the 
proposed Abandonment Area. Based on the Applicant’s testimony, the Hearing Officer forwarded 
his recommendation of approval to City Council.  But it is the Appellant’s position that if the 
Hearing Officer had been provided copies of the Applicant's site plan, the proposed driveway 
extension and disturbed land within the Abandonment Area shown on the plan may have resulted 
in a recommendation of denial.  
An Examination of the Applicant’s Site Plan Submittals to the City of Phoenix  
 
In order to accurately compare the hearing testimony with the proposed construction of Applicant’s 
home, the Appellant made two separate requests to the Applicant to provide copies of the most 
current proposed site plan for the Applicant’s home and driveway configuration.  Each time the 
Applicant stated the site plans would be provided. However, as of the date of this appeal, the 
Applicant has not provided any documents or site plans to the Appellant.  After filing a public 
records request with the City and confirming with City Staff, the Appellant was able to locate the 
most recent site plan dated September 20, 2021.  This site plan was reviewed during the 
Applicant’s prior Hillside Waiver (DSAP 21252) Hearing on January 19, 2022. See Site Plan 
Dated September 20, 2021 Attached at Tab F. Three months have passed since the DSAP Hearing 
and based on available public records, the Applicant has not submitted a more recent site plan. We 
were also able to locate an identical site plan submitted by the Applicant as part of Zoning 
Adjustment Case No. ZA-570-21, which requested a setback variance along the eastern property 
line. The site plan for this variance case also shows the same expanded driveway and disturbed 
area. See Variance Site Plan Dated September 20, 2021 Attached at Tab G. All written statements 
in the Applicant’s Abandonment Application Narrative regarding the expanding driveway, guest 
parking, and disturbed vegetation are consistent with the site plans submitted as part of Case Nos. 
DSAP 21252 and ZA-570-21. As mentioned above, the Applicant’s testimony during the 
Abandonment Hearing stated there would be no additional disturbance, driveway, or parking in 
the proposed Abandonment Area. However, after examining the Desert Sky Residence Survey 
ROW diagram provided by City of Phoenix Abandonment Staff with the most recent site plan, it 
is clear the proposed driveway runs through the proposed abandonment area. See Survey ROW & 
Site Plan Comparison attached at Tab H. This comparison exhibit shows the Applicant intends to 
remove the natural vegetation within the abandonment area and install an elongated mass of 
pavement to serve as a driveway and additional parking. Thus, after a review of the facts, 
Applicant’s purpose for the abandonment request within the Abandonment Hearing Application

QB\73627440.1
ABND 220011 Notice of Abandonment Appeal
Page 5 of 5
and prior site plan submittals does not align with the statements made at the April 14th, 2022
Hearing. 
The Applicant’s proposed use of public right-of-way, which currently benefits all residents, also 
does not align with the goals of the united property owners along Camelback Heights Way. The 
Appellant and the six additional property owners joining in this appeal firmly believe the 
disturbance and replacement of this naturally vegetated area with the proposed driveway will only 
serve as a detriment which is incompatible with the goal to beautify and privatize Camelback 
heights Way.  
Conclusion
This Notice of Abandonment Appeal serves to memorialize and provide evidence of the 
differences between the Applicant's verbal testimony which lead to the Hearing Officer's approval, 
and the documented intent of the Applicant to not only remove vegetation from the Abandonment 
Area, but also place an elongated driveway within the same area. After a review of the facts and 
confirmation of evidence showing the discrepancy between Applicant’s testimony and the 
narrative/site plans submitted to the City, we respectfully request that the Phoenix City Council 
reverse the decision of the Abandonment Hearing Officer and deny the Abandonment Application. 
Our firm can provide additional information as requested by the City. Thank you for your time and 
consideration. 
Very truly yours,
QUARLES & BRADY LLP
Benjamin W. Graff

TAB A

ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
APPLICANT’S PROPOSED ABANDONMENT AREA AERIAL MAP

ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
APPLICANT’S APPROVED ABANDONMENT AREA AERIAL MAP

APPLICANT APN: 171-16-009
APPELLANT APN: 171-16-017A
APPLICANT’S PROPERTY VS APPELLANT’S PROPERTY 
Applicant 
Property
Appellant 
Property 
Requested
Approved

ABANDONMENT APPLICANT APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX ARIZONA 85018
OPTIONS FOR LOCATIONS OF NEW ACCESS GATE
Option
1
Option
3
Option
2

TAB B

APN: 171-16-017A; 171-16-018E; 171-16-018J; 171-16-025G; 171-16-
025E; 171-16-016A; 171-16-010
OPPOSED NEIGHBORS AERIAL MAP

TAB C

TAB D

Abandonment 
Application
Page 1 of 1 
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive 
policy statement.  To request clarification or to obtain further information on the application process and applicable review time frames, please 
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html.  This publication can be made available in alternate formats 
(Braille, large print, or digital media) upon request.  Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY. 
P:\Abandonment Application 
TRT/DOC/00078A 
WEB\ EXTERNAL dsd_trt_pdf_00078A 
Rev. 
 
This application must be submitted to start the process to abandon any public rights-of-way and/or easements 
controlled by the city of Phoenix.  A completed application must be submitted, together with a sketch of the area 
to be abandoned and the appropriate fee to the Planning & Development Department, 200 West Washington 
Street (2nd floor), Phoenix, Arizona 85003.  For additional information, call (602) 256-3487.  
Applicant: ___________________________________________________________________________________ 
Address: ____________________________________________________________________________________ 
City: 
 ____________________________________ 
State: _________________  Zip: __________________ 
Phone: _____________________________________ 
Email: ________________________________________ 
Contact (If other than Applicant):  ________________________________________________________________ 
Address: ____________________________________________________________________________________ 
City: _______________________________________ 
State: _________________  Zip: __________________ 
Phone: _____________________________________ 
Email: ________________________________________ 
APN# of Parcel(s) Adjacent to Requested Abandonment: _____________________________________________ 
 ___________________________________________________________________________________________ 
Name of Street(s) to be abandoned: ______________________________________________________________ 
 ___________________________________________________________________________________________ 
Location/Description of Alley(s) or Easement(s) to be Abandoned (please be specific): 
 ___________________________________________________________________________________________ 
 ___________________________________________________________________________________________ 
 ___________________________________________________________________________________________ 
Quarter Section #: __________  
Zoning District: _________  Village: ________________________________ 
Reason to Abandon (additional pages may be attached):  _____________________________________________ 
 ___________________________________________________________________________________________ 
 ___________________________________________________________________________________________ 
 ______________________________________________________________________________ 
 ___________________________________________________________________________________________ 
 ------------------------------------------------------------- Staff Use Only -------------------------------------------------------------- 
Abandonment #:  ___________   Folder #:  _________   Total Abandonment Application Fee: $  ____________ 
Submittal Date:  ________________________  
  Informal Abandonment (w/o hearing): $  _______________ 
Reviewed By:   ________________________  
  Abandonment, Non-Single Family: $  _________________ 
Annexation Date: _______________________  
  Abandonment, Single Family:  _______________________ 
City Council District #: ___________________  
  Complexity Fee $  ________________________________ 
Site Plan # (if applicable):  ________________  
  Appraisal Section Notified:  
 Yes   
  No     
N/A

  
	


	


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Abandonment, Right-of-Way 
Petition
This publication can be made available in alternate formats (Braille, large print, computer diskette, or audiotape) 
upon request.  Contact the Planning & Development Department at (602) 262-7811 voice or (602) 534-5500 TTY. 
P:\Abandonment, Right-of-Way Petition 
TRT/DOC/00078E 
WEB\ EXTERNAL dsd_trt_pdf_00078E 
126-14D Rev. 
 
A signed right-of-way abandonment petition must be submitted when filing your abandonment application.  Please 
read the entire form before signing.  For additional information, contact the Planning and Development 
Department at (602) 256-3487.  
We, as property owners, support the proposed abandonment for the following reasons:
  It will help to increase security, 
It will increase the buildable area of the lot(s),
It will remove unnecessary right-of-way or easements to permit development of the property, or
  Other:   
We, as property owners, understand that if there are public utilities located within the area to be abandoned, all 
right-of-way within the proposed abandonment area shall be retained as a public utilities easement (PUE) or as 
may be modified by the affected utility companies with 24-hour vehicle maintenance access.  We further 
understand that no structure of any kind shall be constructed or placed within the easement except removable-
type fencing and/or paving.  Removable type fencing must not require the installation of footers within the PUE.  
No planting within the PUE unless approved by the City of Phoenix.  The affected utility company shall not be 
required to replace any obstructions, paving or planting that must be removed during the course of 
required maintenance, reconstruction and/or construction. 
Or  
We, as property owners, understand that we may choose to relocate all utilities affected by the abandonment.  If 
we choose this alternative, we understand that we, as the property owners, would be responsible for the cost of 
relocating any affected utilities to locations approved by that utility company. 
To ensure continued maintenance and repairs of the street, the public rights-of-way would be abandoned 
to the adjacent individual property owner(s) or a Homeowners Association where one exists.  The 
Homeowners Association or adjacent individual property owners would assume all liability and 
maintenance cost of the abandoned public right-of-way and any improvements. 
We, as the property owners, understand that if the abandonment of the public right-of-way is approved, the 
Homeowners Association (or individual property owners) shall purchase all streetlights from the City of Phoenix in 
the proposed abandonment area, or the Homeowners Association (or individual property owners) will be 
responsible for replacing them with private lighting.  This will be done at no expense to the City of Phoenix.  We 
also understand that the Homeowners Association (or individual property owners) will be responsible for and set 
up their own electric account with the proper electric company in order to assume the responsibility of payment of 
the electric costs. 
We, as the property owners, understand that there may be additional costs incurred due to required 
improvements to provide code compliant entrances/gating, etc.  Requirements may include, but are not limited to, 
gates, provisions for fire apparatus, dedicated right-of-way for required turnarounds, etc.   
Any and all requirements and costs will be the responsibility of the Homeowners Association (or individual 
property owners).  All required improvements within the proposed abandonment area, as required by the 
stipulations of the approved abandonment, will be completed at no expense to the City of Phoenix.   
Per Phoenix City Code, Section 31-64 (e), if the request of abandonment is approved there will be a 
consideration fee due and payable after the Abandonment Hearing Officer’s decision.  Consideration fees are the 
costs associated with purchasing land within the abandoned right-of-way from the City of Phoenix and are 
calculated as follows: 
Non-single family zoned right-of-way the greater of $500 or Fair Market Value (FMV)¹ of abandoned right-of-way 
Single family residential zoned right-of-way $1 per square foot for first 500 square feet, $0.10 per square foot 
thereafter; or FMV of abandoned right-of-way, as determined by City² 
Notes: 
¹ If the area to be abandoned is within or adjacent to an established redevelopment area, consideration may be 
given in determining the FMV.   
² For the area to be abandoned, consideration may be given to the transfer of ongoing property maintenance 
responsibilities in determining the Abandonment Consideration Fee.

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TAB E

1 
 
 
Planning and Development Department  
 
 
April 14, 2022 
Preliminary Abandonment Staff Report: ABND 220011 
Project# 99-3459 
 Quarter Section: 20-38 
Council District: 6 
 
 
 
Location: 
4640 East Camelback Heights Way 
 
 
Applicant:  
Lauren Proper Potter 
 
 
Request to abandon:  
The triangular portion of land where North 
Camelback 
Canyon 
Drive 
and 
East 
Camelback Heights Way meet as illustrated 
on the attached exhibit. 
 
 
Purpose of request:  
The applicant states to allow access to the 
private residence directly from the roadway 
right-of-way, to place responsibility to 
maintain vegetation upon the property owner 
instead of the City, and to allow the property 
owner to provide guest parking on their 
property instead of the street. 
 
Hearing date:  
April 14, 2022

2 
 
City Staff Research 
Staff research shows that the subject right-of-way was dedicated through the Camelback 
Heights Plat, recorded on December 16, 1956 on docket 69, page 49 of the Maricopa County 
Recorder. If abandoned, the right-of-way will be conveyed back in ownership to the abutting 
property owner. 
 
City Staff Comments 
This request was routed to various City departments for their recommendations. Listed below 
are the responses from each department. 
 
Street Transportation Department – Maja Brkovic   
 
1. No right-of-way within 25-feet of the Camelback Canyon Drive monument line may be 
abandoned.  
 
2. No right-of-way with 25-feet of the Camelback Heights Way monument lines may be 
abandoned.   
 
PDD Traffic Department – Derek Fancon 
“Recommend approval.” 
 
PDD Site Planning – Maggie Dellow 
Portion of right-of-way proposed for 
abandonment

3 
 
“PDD Site Planning would like to ensure the customer understands the abandonment will not 
grant any additional disturbance. The Hillside Waiver (DSAP 21252) for this site approved a 
total disturbance of 16,680 sf. The abandonment will not increase this allowance. If the 
customer wants more disturbance, the City would require a new hillside waiver submittal.”  
 
Street Lights – Jason Fernandez 
“Recommend approval.” 
 
Water Services – Don Reynolds 
“A 25’ ft. portion of the right of way shall be retained as water easement for the existing water 
main with 24-hour maintenance access subject to the following standard stipulation: 
 
No structure of any kind and/or block wall shall be constructed or placed within the easement 
except wood or wire fencing and/or paving. No planting except grass and/or approved 
ground cover shall be placed within the easement. It shall be further understood that the City 
of Phoenix shall not be required to replace any obstructions, paving or planting that must be 
removed during the course of required maintenance, reconstruction and/or construction.” 
 
PDD Village Planner – Sarah Stockham 
No comments received. 
 
Public Transit Department – Michael Dwyer 
“The abandonment will not affect solid waste service.” 
 
PDD Civil Department – Todd Coy 
“Recommend approval.” 
 
Neighborhood Services – Lynda Lee 
No comments received. 
 
Utility Comments 
The request was also routed to outside utility companies for their input. Listed below are the 
responses from each utility. 
Cox – Zach Lawson 
“I have reviewed the abandonment request at ABND 220011 4640 E CAMELBACK HEIGHTS 
WAY in Phoenix, {Maricopa County}, AZ.  Based upon the supplied drawings/exhibits that you’ve 
submitted it has been determined that COX has no facilities within the easements and therefore 
we approve your request to abandon.   
Please note that although Cox Communications approves this abandonment, we do so with the 
understanding that we will not assume any construction, relocation and/or repairs costs 
associated or in result of this abandonment.” 
Southwest Gas – Tami Garcia 
“After reviewing the plans for the above-referenced project, it has been determined that a gas 
line lies within the area in question. We require that a clearance of at least two feet be 
maintained between the gas line and other underground facilities. The procedure requires 
calling Blue Stake at 602-263-1100 and following their excavation instructions to determine the

4 
 
exact location of the gas line. Permission is granted to abandon a portion of the right-of-way on 
the area located at the above-referenced location under those conditions.” 
 
Arizona Public Service – James Generoso 
“APS has no objection to the abandonment proposed in ABND220011.” 
 
CenturyLink – Mary Hutton 
“Qwest Corporation d/b/a CENTURYLINK QC (“CenturyLink”) has reviewed the request for the 
subject vacation/abandonment and has determined that it has no objections with respect to the 
areas proposed at this project site. 
 
It is the intent and understanding of CenturyLink that this notice shall not reduce our rights to 
any other existing easement or rights we have on this site or in the area. 
 
This vacation response is submitted WITH THE STIPULATION that if CenturyLink facilities are 
found within the vacated area as described, the Applicant will relocate the facilities at 
Applicant's expense and within guidelines set by CenturyLink and all regulating entities. All 
relocations will be done under the supervision of a CenturyLink Inspector.” 
 
Salt River Project – Sherry Wagner  
“Salt River Project has no objection the abandonment of the triangular portion of land where 
Camelback Canyon Drive and Camelback Heights Way meet as shown in your application 
ABND220011. This is in the Arizona Public Service serving area” 
 
 
Staff Recommended Stipulations of Approval  
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject 
to the following stipulations:  
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.

5 
 
3. No right-of-way within 30-feet of the Camelback Canyon Drive monument line may be 
abandoned.  
 
4. No right-of-way south of the existing monument line of Camelback Heights Way may be 
abandoned. 
 
5. The right-of-way shall be retained as a slope easement. 
 
6. All stipulations must be completed within two years from the Abandonment Hearing 
Officer’s decision.  
 
 
For assistance regarding the above stipulations, please contact the Abandonment 
Coordinator at 602-256-3487. 
 
REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator 
 
cc: 
Lauren Proper Potter, Applicant/Representative 
Christopher DePerro, Abandonment Hearing Officer 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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.

TAB )

Hillside Grading Waiver Appeal
Application 
Page 1 of 2
An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive
policy statement.  To request clarification or to obtain further information on the application process and applicable review time frames, please
call 602-262-7811 or visit our website at http://phoenix.gov/pdd/licensetimes.html.  This publication can be made available in alternate formats
upon request.  Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY.
S:\Appeal Application, Hillside Grading Waiver 
TRT/DOC/00055
WEB:dsd_trt_pdf_00055 
New 9/14
Phoenix City Code Section 32-32
 
Please be advised if there is a rezoning case in process on the subject property a
Technical Appeal cannot be filed until the case has been acted on by City Council.
DATE
Note that an appeal meeting with staff will be arranged in approximately 1 week.   
Please indicate your preference in attending this meeting:     
 Yes     
 No
DSAP #
PROJECT NAME 
PROJECT ADDRESS OR LOCATION 
PROJECT #
OWNERS NAME 
ADDRESS 
ZIP CODE 
PHONE
APPLICANT'S NAME (NOT COMPANY NAME) 
APPLICANT'S ADDRESS 
SUITE NUMBER 
PHONE
APPLICANT'S E-MAIL ADDRESS 
P&D STAFF FAMILIAR WITH PROJECT
RELATIONSHIP TO PROJECT AND COMPANY NAME
A request is hereby made for an appeal, to Section(s)  _________________________________________ 
of the Ordinance and/or Code, which require(s) that:  (use attachment if necessary):
 __________________________________________________________________________________________ 
 __________________________________________________________________________________________ 
State the factual and/or legal basis for the appeal. Include the alternate design and design parameters based on a
recognized standard and the reason(s) why the proposed appeal meets the intent of the Phoenix City Code Section
32-32 C (5)(d)(1):
(use attachment if necessary): _________________________________________________________________
 ___________________________________________________________________________________________
 ___________________________________________________________________________________________
 ___________________________________________________________________________________________
_______________________________________________ 
If applicant is not the owner or the owner’s architect or 
engineer, owner’s signature must appear on line above 
 ______________________________________________ 
 Applicant’s Signature 
Title
FOR CITY USE ONLY
Technical Lead Print Name __________________________________  
Fee Code __________________ 
 APPROVED  
 APPROVED WITH STIPULATIONS  
 DENIED
 
Attendees: __________________________________________________________________________________________ 
 ___________________________________________________________________________________________________ 
 ___________________________________________________________________________________________________ 
 
 _____________________________ 
 ________________________________________________________________ 
 
DATE 
CITY MANAGER’S REPRESENTATIVE OR DELEGATE

City of Phoenix Planning & Development Department
Hillside Grading Waiver Appeal Application – Page 2 of 2 
TRT/DOC/00055
Pre-log Checklist:
 
Hillside Grading Waiver
Phoenix City Code Section 32-32.
 
 Initial Appeal to City Manager's Representative
 
3 copies of narrative and graphic exhibit describing applicant proposal and basis for
appeal.
 
Photographs:  On-site, adjacent to site within 300.'
 
List of property owners within 300' of site.  Please contact Maricopa County Assessors
website at http://www.maricopa.gov/Assessor/GIS/Map.html.  
 
Install Autodesk MapGuide (R) Viewer Active X Control) to obtain a list of property
owners.
 
Verification must be provided that owners have been notified by certified letter at least
 
15 days prior to the hearing.
 
Dimensioned single-family plot plan or site plan/subdivision.
 
Hillside calculations (See Hillside Grading Waiver Submittal Requirements).
Total Lot Area: _______________ SF 
Total Hillside Area: ________________ SF
Total Area under Roof: ________________  
SF (From total lot) _______________ %
Proposed Under Roof:   _______________ SF
Total Area Disturbed Beyond Roof: ____________ SF
 
Total % of Hillside Disturbed: ______ %
 
If administrative approval to be done by City Manager Representative, the property
must be posted for a period of 15 days prior to the administrative approval date.  It shall
be the responsibility of the applicant to ensure that the posting remains in place for the
entire 15 day period.
 
Fee(s) per Chapter 9, Appendix A.2 of Phoenix City Code are:
 
$600.00 first appeal item plus - SPAPPCM
 
$300.00 each additional appeal item
 
 Subsequent Appeal to Development Advisory Board
 
Must submit appeal request within 10 days of the CMR decision.
 
1 copy of City Manager’s Representative decision.
 
Fee(s) per Chapter 9, Appendix A.2 of Phoenix City Code are:
 
$600.00 first appeal item plus - SPAPPDAB
 
$300.00 each additional appeal item

TAB *

TAB +

APN: 171-16-009
4640 E CAMELBACK HEIGHTS WAY PHOENIX AZ 85018
SITE PLAN VS ROW EXHIBIT
APPROXIMATE LOCATION OF DRIVEWAY