Attachment B - Approval Report 220020.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 220020 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 220020 Project# 21-2889 Quarter Section: 38-32 Council District: 3 Location: 2030 and 2036 East Michigan Avenue Applicant: GCHI Landholding LLC Request to abandon: Portions of 5-foot wide right-of-way near the southern property lines of 2030 and 2036 East Michigan Avenue. Purpose of request: The applicant states the current road width exceeds the required street width by 5-feet however due to the driveway design standard, the portion around the driveway needs to remain. Hearing date: May 12, 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 220020 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. Ms. Leodra Bowdell, the applicant, explained that the 5’ of abandonment area requested through ABND 220020 is crucial to achieving the required building setback, but a portion of it was still required for driveway standards, which is why a continuous 5’ wide abandonment could not be requested for the width of the property. Mr. DePerro asked for more clarification on why the applicant did not ask to abandon the north 5’ of the 10’ right-of-way easement. Ms. Bowdell explained that Civil Reviewer Marcos 5’ x 97.54’ portion of right-of-way easement proposed for abandonment 5’ x 50.39’ portion of right-of-way easement proposed for abandonment 4 Cartagena indicated the full length could not be abandoned because a portion of that right-of- way easement was needed for the driveway standard. Mr. DePerro asked Ms. Maja Brkovic with the Street Transportation Department if this requirement made sense to her. Ms. Brkovic reviewed the detail and explained that it is consistent with the proposed abandonment area. Mr. DePerro explained that one of the proposed stipulations for approval of the abandonment case is the dedication of fee title right-of-way over the remaining right-of-way easement area. Mr. DePerro asked if this would create any issue for the applicant. Ms. Bowdell explained that she is wary of this request because it may result in further delays. Mr. DePerro stated that he would drop this request from the stipulations of final approval. 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, revised to remove stipulations #3 and #4 and renumber the remaining stipulations appropriately. 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. No fee title right-of-way or right-of-way easement within 25-feet of the Michigan Avenue monument line may be abandoned. 3. All work in public-right-of-way is to be done in accordance with plans approved by the Planning and Development Department at no cost to the City. 4. 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. 5 Hearing Officer Signature: ____________________________________ Date: __________ REPORT SUBMITTED BY: Maggie Dellow, Abandonment Coordinator cc: GCHI Landholding LLC, Applicant/Representative Christopher DePerro, Abandonment Hearing Officer 8/16/22