Attachment B - Approval Report 220012.pdf

City of Phoenix — Formal (2022-08-31)

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Planning and Development Department  
 
 
 
 
 
CONDITIONAL APPROVAL – ABND 220012 
 
 
 
   
 
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 April 14, 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, two-year extension can be requested prior to the expiration date, with 
applicable extension fee due. 
 
 
 
 
 
 
 
 
 
 
 
ATTACHMENT B

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Planning and Development Department  
 
 
April 14, 2022 
Abandonment Staff Report: ABND 220012 
Project# 13-2704 
 Quarter Section: 1-17 
Council District: 7 
 
 
 
Location: 
7219 South 51st Avenue 
 
 
Applicant:  
Rachel Novak 
 
 
Request to abandon:  
The 
30-foot 
multi-use 
trail 
easement 
adjacent to the west property line of the 
parcel identified by APN 104-89-366. 
 
 
Purpose of request:  
The applicant states the 30-foot multi-use 
trail easement (MUTE) has already been 
included within the 40-foot right-of-way and 
has already been developed with such multi-
use trail easement (MUTE) requirements. 
We are asking to remove the additional 30-
foot stipulation as it would allow for additional 
area for site development. 
 
 
Hearing date:  
April 14, 2022

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Hearing Summary 
Mr. Christopher DePerro, the Abandonment Hearing Officer, called the hearing to order at 9:32 
am on April 14, 2022.  
Ms. Maggie Dellow, the Abandonment Coordinator introduced the abandonment case ABND 
220012 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. Rachel Novak, the applicant, shared that the required multi-use trail had already been 
constructed within the right-of-way and this was consistent with both properties to the north and 
south. Since the trail was constructed in the right-of-way, Ms. Novak shared they were seeking 
to remove the 30’ encumbrance of multi-use trail easement from the property as it was no 
longer necessary for trail construction.  
30’ multi-use trail easement 
proposed abandonment

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Ms. Dellow reviewed the city staff and utility provider comments received during the review 
period. Ms. Dellow then reviewed the staff recommended stipulations of approval.  
Mr. DePerro shared that the trail was clearly constructed within the right-of-way and 51st Ave 
was provided and improved in its ultimate condition. Ms. Maja Brkovic with the Street 
Transportation Department confirmed.   
The Hearing Officer granted a conditional approval subject to stipulations in the staff report. 
 
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. The abandonment 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: 
Rachel Novak, Applicant/Representative 
Christopher DePerro, Abandonment Hearing Officer 
 
8/1/2022