Attachment B - Approval Report 220023.pdf

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Planning and Development Department 
CONDITIONAL APPROVAL – ABND 220023 
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 26, 2024), this request will then expire.  At 
that time a new submittal will be required along with the required payment for the easement waiver 
process. A one-time, one 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  
 
 
 
May 26, 2022 
Preliminary Abandonment Staff Report: ABND 220023 
Project# 93-00003726 
 Quarter Section: 42-26 
Council District: 1 
 
 
 
Location: 
21411 North 14th Avenue 
 
Applicant:  
Hogan Properties, LLC 
 
 
Request to abandon:  
The temporary turnaround easement located 
on 21411 North 14th Avenue. 
 
Purpose of request:  
The applicant states the proposed expansion 
of the building cannot proceed. The current 
owner of the parcel to the south has no 
intention of extending 14th Avenue through 
that parcel as stated in the recorded plat.   
 
Hearing date:  
May 26, 2022

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Hearing Summary 
Mr. Christopher DePerro, the Abandonment Hearing Officer, called the hearing to order at 9:30 
am on May 26, 2022.  
Ms. Maggie Dellow, the Abandonment Coordinator introduced abandonment ABND 220023 and 
read the case into the record by stating the applicant, location, waiver 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.  
Mr. Luis Gonzalez, the applicant’s representative, explained that the abandonment of the 
temporary turnaround easement was being sought in order to provide more room for building 
expansion needed due to business growth. Mr. Gonzalez stated that he understood that the 
easement would be removed once 14th Avenue extended to the south. Mr. Gonzalez stated that 
when he asked the developer representing the parcel to the south if there were plans to extend 
14th Avenue to the south, the developer stated that they would not extend 14th Avenue. Because 
of this Mr. Gonzalez is seeking formal abandonment of the temporary turnaround easement.  
Temporary turnaround easement 
proposed for abandonment

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In response to Mr. Gonzalez’s statement, Ms. Dellow shared comments from the Street 
Transportation Department which state the project to the south is required to extend 14th 
Avenue and construct a cul-de-sac for its termination. Ms. Dellow explained that this 
improvement is shown within their project plans and is under review. 
Mr. Gonzalez asked how this would impact their abandonment request.  
Mr. DePerro explained that the plat showing the new cul-de-sac would need to be completed 
and recorded before ABND 220023 could receive final Council approval.  
Mr. Gonzalez asked if he would need to reapply for abandonment once approval of the plat was 
completed.  
Mr. DePerro explained that he would not need to reapply for abandonment and that the 
abandonment case could be completed once the plat to the south is done.  
The applicant asked if the City had a timeline for completion of the plat, stating that they have 
been working towards abandonment for quite a while.  
Mr. DePerro explained that without the plat to the south, the abandonment of the temporary 
turnaround easement would be denied.  
Ms. Dellow reviewed the remaining comments received from staff reviewers and utility 
providers.   
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 plat for APN 209-09-992 or alternative dedication for 14th Avenue extension or 
terminus must be approved by City Council prior to final abandonment approval.  
 
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: 
Hogan Properties, LLC, Applicant/Representative 
Luis Gonzalez, Applicant/Representative 
Christopher DePerro, Abandonment Hearing Officer 
 
2/2/2023