Attachment B - Approval Report ABND 220069.pdf

Planning and Development Department 
CONDITIONAL APPROVAL – ABND 220069 
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 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 February 23, 2025), (NEW EXPIRATION DATE 
IS FEBURARY 23, 2027) 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. 
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ATTACHMENT B

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Planning and Development Department 
February 23, 2023 
 Abandonment Staff Report: ABND 220069 
Project# 01-20930 
 Quarter Section: 02-21 
District#: 8 
Location: 
West Nancy Land and 33rd Lane 
Applicant: 
David Bohn 
Request: 
To abandon the 50-foot right-of-way per 
Book 687, Page 17 Maricopa County 
Recorder and Book 1360, Page 29 Maricopa 
County Recorder, West Nancy Lane. 
Purpose of request: 
The applicant states that the right-of-way is 
not applicable to the development. 
Hearing date: 
February 23, 2023

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Hearing Summary 
Mr. Christopher DePerro, the Abandonment Hearing Officer calls the meeting to order on 
February 23, 2023.  
Ms. Alyssa Neitzel, the Abandonment Coordinator, introduced abandonment ABND 220069 and 
read the case into the record by stating the applicant, location, and purpose of the request, as 
well as City staff research. 
Mr. DePerro asks the applicant, David Bohn about technical appeal to allow non-connection and 
asks if he would like to expand further. 
Mr. David Bohn, applicant further explains request. 
Ms. Neitzel reads comments from various departments. 
Ms. Maja Brkovic, Street Transpiration Representative, reads stipulation from Streets 
Transportation Department.  
Ms. Neitzel reads draft stipulations. 
The Hearing Officer grants a conditional approval for abandonment 220069 subject to stipulations

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in staff report dated February 23, 2023 with the following modifications: to delete stipulation 
number 1 and modify number 5 to state “if the water main remains in place in the area to be 
abandoned, a water easement shall be retained as approved by the Water Services Department 
otherwise, the applicant/property owners shall abandon the affected water main.”  
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. 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.
2. The developer shall terminate the right-of-way at 33rd Avenue and Nancy Lane in a 40-
foot radius “knuckle” configuration as approved by the Street Transportation Department.
3. Transfer of ownership of existing streetlight PH232916 located at 3347 West Nancy Lane
is required with all removal, fees and /or permits are to be paid by requestor. Once
abandoned and recorded, resolution documentation is required to be submitted to City of
Phoenix Street Transportation Streetlighting. Documents are to be sent to Marcelino Nava
(marcelino.nava@phoenix.gov) and Jim Ficarra (james.ficarra@phoenix.gov) in order to
begin the transfer of ownership process.
4. If the water main remains in place in the area to be abandoned, a water easement
shall be retained as approved by the Water Services Department. Otherwise, the
applicant/property owners shall abandon the affected water main in accordance
with Water Services Department procedures.
5. 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: Paulina Hernandez, Abandonment Secretary 
July 17, 2024

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cc: 
Applicant/Representative, David Bohn 
Christopher DePerro, Abandonment Hearing Officer