Attachment B - Approval Report 210020.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 210020 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 Maggie Dellow at 602-262-7399 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 July 8, 2023), 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 27, 2021 Abandonment Staff Report: ABND 210020 Project# 00-1490 Quarter Section: 17-41 Location: 4430 North Arcadia Lane Applicant: James Bell Request to abandon: The 22’ wide right-of-way easement along the north side of the 4430 N Arcadia Lane, APN 172-30-001B. Purpose of request: The applicant states the portion of the right- of-way that extends into his walled backyard is restricting his family’s ability to legally construct a shade structure to protect against the Arizona heat. Hearing date: May 27, 2021 TAKEN OUT FROM UNDER ADVISEMENT JULY 8, 2021 AND GRANTED CONDITIONAL APPROVAL 3 Hearing Summary Mr. Christopher DePerro, the Hearing Officer, started the hearing at 9:31 am on May 27, 2021. Mr. DePerro started the hearing with City staff introductions. Mr. DePerro then asked the Abandonment Coordinator to introduce the abandonment case for the record. Ms. Maggie Dellow, the Abandonment Coordinator introduced the abandonment case into the record by reading the abandonment request, location, applicant and purpose. Mr. DePerro then started the discussion by asking the applicant if they would like to introduce themselves, as well as add any additional information on their abandonment request. Mr. James Bell, the applicant then introduced himself for the record and then stated he had communicated with Mr. Alan Hilty with the Streets Transportation Department of the City of Phoenix regarding his abandonment request before he submitted it to the Planning and Development Department. Mr. Bell then stated that Mr. Hilty seemed to find the request to be reasonable. Mr. DePerro then asked Ms. Maja Brkovic from the Streets Transportation Department if she would like to explain the research that was done on this abandonment request. Ms. Brkovic stated that the Streets Transportation Department looked into the elements to the East and West of Camelback Road along this section and determined that it is a special section where there is right-of-way that is slightly shifted. Ms. Brkovic then stated with looking at what other properties have done, they were able see that there was an established a 40-foot south half 4 street along Camelback Road. So, based on that and the special section that would be the most that would be able to be abandoned. Mr. DePerro explained to Mr. Bell that this would then abandon the south 15 feet of the easement, but it would retain the north 7 feet. Mr. DePerro then told Mr. Bell that he would then gain 15 feet but not the entire 22 feet, if it were to be abandoned. Mr. Bell then asked Mr. DePerro if there was any discussion around that or if that was pretty black and white then. Ms. Brkovic then replied that there was no discussion around that because of the shift in the roadway. Ms. Brkovic went on to state that going over the 40-foot established right-of-way on Camelback Road would not be something the Streets Transportation Department would be in support of. Mr. DePerro then stated that he does not like to contradict the Streets Transportation Department or the general plans, but if Mr. Bell was wanting a hard decision, he would consider approving the abandonment request with the Street Transportation Department’s stipulation that 7 feet of right- of-way be retained. But if Mr. Bell insists that it has to be the full 22 feet he could take the case under advisement and do some more research. Mr. DePerro also made it clear that his decision could end up being the same even if he does do more research. Mr. Bell told Mr. DePerro that he understands the risk if it is taken under advisement and the decision being the same, but he feels it would be important to see if there was a possibility to get the extra 7 feet. Mr. DePerro then reviewed the drafted stipulations with Mr. Bell. The Hearing Officer took the abandonment request under advisement. *** July 8, 2021. The Hearing Officer, after having research completed by the Street Transportation Department, rendered a decision of CONDITIONAL APPROVAL, with stipulations stated 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. 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. 5 2. No right-of-way or easement within 40 feet of the Camelback Road monument line may be abandoned. 3. 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: Alyssa Neitzel, Abandonment Secretary cc: Applicant/Representative, James Bell Christopher DePerro, Abandonment Hearing Officer 7/8/21