Attachment B - Approval Report 210048.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 210048 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 the Abandonment Coordinator at (602) 256-3487 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 May 12, 2024), 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 May 12, 2022 Abandonment Staff Report: ABND 210048 Project# 00-4972 Quarter Section: 21-44 Council District: 2 Location: Between 69th Street and 70th Street, South of Presidio Road. Applicant: Todd Ludwig Request to abandon: The overlapping 20-foot public utility easement and 16-foot equestrian easement. Purpose of request: The applicant states they would like to gain access to the parts of their property that they own. They would like more usable yard space and would like to tear down the existing block wall and erect new block wall or enclosure based off current property lines, based off of city plans. Hearing date: May 12, 2022 (Continued from October 28, 2021, December 9, 2021 and January 13, 2022) 3 Hearing Summary Mr. Christopher DePerro, the Abandonment Hearing Officer, called the hearing to order at 9:30 am on May 12, 2022. Ms. Maggie Dellow, the Abandonment Coordinator, introduced the abandonment case ABND 210048 by reading the abandonment case into the record by stating the applicant, location, abandonment request, 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. ABND 210048 was previously heard at an Abandonment Hearing, but conflicts with a neighbor resulted in the continuance of the case. Mr. Todd Ludwig explained that in order to find resolution, the new request does not include the abandonment of the trail and easement running from east to west. The revised request is only for the abandonment of the trail easement and public utility easement running north to south between 6911 and 6921 E Presidio Road. 16’ equestrian easement and 20’ public utility easement proposed to be abandoned 4 Mr. DePerro invited Ms. Sue Snedden, representing the home at 6911 E Presidio Road to make comment. Ms. Snedden shared that she was supportive of the revised abandonment request. She asked if she would need to go through a future abandonment process to take build a wall within abandonment area on the east side of 6911 E Presidio Road. Mr. DePerro explained that the abandonment request being heard extended to the full width of the easement so a future abandonment request would not be necessary. Ms. Snedden also wanted to confirm that the abandonment wouldn’t impede the gated entry at the southeast corner of 6911 E Presidio Road. She indicated that Mr. Ludwig agreed to wait to build anything until the home at 6911 E Presidio Road was sold and the new owners approved his proposed plans. Mr. Ludwig confirmed. Ms. Debby Tutrone, representing the home at 6911 E Presidio Road, stated that she felt Mr. Ludwig should go through the proper channels within the Covenants, Conditions, and Restrictions for the subdivision. Mr. DePerro explained that while this looks like an alley, it is not legally dedicated alleyway and there are not legal rights for use beyond an equestrian easement or public utility easement. Ms. Tutrone stated that per the Covenants, Conditions, and Restrictions, if Mr. Ludwig did not obtain majority approval to abandon the equestrian easement, a lien could be placed against his property. Mr. DePerro explained that by today’s standards, the City would not require such an easement be dedicated publicly through a plat, and that it would likely be left to the Covenants, Conditions, and Restrictions, however, the public abandonment is still needed as an extra layer of abandonment in this particular case due to the way it was originally dedicated. Mr. DePerro invited Mr. Evan Schneider to make comment. Mr. Schneider, a neighbor, asked if the easements were abandoned and Mr. Ludwig rebuilt his wall on the shared property line, if that wall could be shared by the neighbor to the west. Mr. DePerro explained that this type of issue is sorted out between property owners. Mr. Schneider shared that he supports the abandonment request and stated that he was unfamiliar with the enforcement of the Covenants, Conditions, and Restrictions. Mr. DePerro explained that in the absence of an HOA, enforcement of the Covenants, Conditions, and Restrictions rely on on private civil complaints and the courts. Mr. DePerro invited Ms. Diane Flider to make comment. Ms. Flider, a neighbor, indicated that she opposed the abandonment request of the easement running east to west. Mr. DePerro explained that the proposed abandonment did not include the portion of the easement running east to west. Mr. DePerro invited Ms. Andrea Vakneen to make comment. Ms. Vakneen shared that she was in support of the request. Ms. Dellow reviewed comments received by the City as well as recommend stipulations for abandonment approval. The Hearing Officer granted a conditional approval subject to stipulations in the staff report. Stipulations of Conditional Approval 5 The request of abandonment is conditionally approved by the Abandonment Hearing Officer. The following stipulations will need to be met: 1. 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. 2. 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: Maggie Dellow, Abandonment Coordinator cc: Todd Ludwig, Applicant/Representative Christopher DePerro, Abandonment Hearing Officer 9/30/22