Attachment B - Approval Report 200515.pdf

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Planning and Development Department  
 
 
 
 
 
CONDITIONAL APPROVAL – ABND 200515 
 
 
 
   
 
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) 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 August 6, 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

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Planning and Development Department 
August 6, 2021 
Abandonment Staff Report: ABND 200515 
Project# 16-648 
Quarter Section: 32-32 
Location: 
Southwest Corner of Cave Creek Road and 
Sharon Drive 
Applicant: 
Noah Brocious; Sharon 18, LLC 
Request to abandon: 
To abandon a portion of 16-foot by 181-foot 
alley, running north to south between 
addresses identified as APN 166-10-078 
and 166-10-099. Recorded on Book 712 
Page 27 and Book 959 Page 46. 
Purpose of request: 
The applicant states:  To have full 
ownership of the alley property and increase 
security for the proposed development.  
Additionally, to landscape and maintain the 
alley adjacent to proposed development. 
Hearing date: 
May 21, 2020 
TAKEN OUT FROM UNDER 
ADVISEMENT AUGUST 6, 2021.

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Hearing Summary 
May 21, 2020. 
Mr. Christopher DePerro, the Abandonment Hearing Officer opened the hearing and provided 
instructions.  
Ms. Emily Dawson, the Abandonment Coordinator, read the abandonment request, purpose and 
staff research into the record.  
Mr. DePerro then asked Mr. Tom Weber, if he would be the one presenting for the applicant. 
Mr. Weber replied with yes and that he felt that the request and purpose Ms. Dawson read into 
the record represented the abandonment request quite adequately. Mr. Weber went on to state 
that they had previous filed an abandonment for the east to west portion of the alleyway and that 
they had met all the stipulations for that abandonment.  
Mr. DePerro then stated that he and Mr. Alan Hilty had some questions regarding the request and 
the previous abandonment. Mr. DePerro also stated that the previous abandonment request was 
approved leaving a dead-end alley and was unsure how that happened since the approval was 
for all it. Mr. DePerro asked Mr. Weber if he could provide some history as to why it ended up as 
a dead end.

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Mr. Weber explained that with the previous abandonment request an easement was dedicated 
over the alley.  
Mr. DePerro replied with stating that the easement was not legal since the alley was never 
abandoned, so an easement could not be dedicated over the alley being requested, it could only 
be over the portion of the east west alley. Mr. DePerro discussed possible solutions with Mr. 
Weber but still felt because of the conversations in the past with the previous abandonment it 
would need to be taken under advisement to make sure this got fixed.  
The Hearing Officer took the case under advisement. 
On August 6, 2021, the Hearing Officer revised the recommended stipulations of approval and 
granted the abandonment request conditional approval. 
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. All right-of-way shall be retained as a public utilities easement with 24-hour vehicle 
maintenance access.  
 
2. Consideration which provides a public benefit to the City is required in accordance with 
City Code Art. 5, Sec. 31-64 and Ordinance G-5332.  Cost for abandoned Right-of-Way 
adjacent to property not zoned single family residential will be $500 OR Fair Market 
Value whichever is greater.  Cost for property zoned single family residential is $1.00 a 
square foot for the first 500 square feet, $0.10 a square foot thereafter; OR Fair Market 
Value at the option of the Planning and Development Director or designee. The applicant 
shall submit calculation and fee to Planning and Development Department. The 
applicant shall request a selection of approved appraisers from the current list 
maintained by the Real Estate division of the Finance Department. 
 
3. The applicant shall dedicate and construct a minimum 16 foot wide connection to 21st 
Place per plans approved by the City.  Dedications shall be as required by the affected 
utility companies and COP Solid Waste (trash collection). 
 
4. All stipulations must be completed within one year from the Abandonment Hearing 
Officer’s decision.

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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, Noah Brocious; Sharon 18, LLC 
Christopher DePerro, Abandonment Hearing Officer 
 
 
 
 
 
 
 
 
 
 
 
 
 
8/6/2021