Attachment B - Approval Report ABND 230055.pdf

ATTACHMENT B
Planning and Development Department
CONDITIONAL APPROVAL – ABND 230055
The City Council, at the Formal Meeting held on June 12, 2024, acted upon the appeal request
of the Abandonment Hearing Officer’s decision, and UPHELD THE CONDITIONAL APPROVAL
of the original abandonment request subject to the Abandonment Hearings Officer’s stipulations.
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 Dru Maynus at 602-262-7403 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 June 13, 2023), (NEW EXPIRATION DATE CITY
COUNCIL JUNE 12, 2026) (NEW EXPIRATION DATE IS JUNE 18, 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. THE APPLICANT REQUESTED THE CITY’S ONE-TIME
EXTENSION, WHICH HAS BEEN GRANTED. THE REQUIRED $390 EXTENSION FEE WAS
PAID ON JUNE 18, 2026. PLEASE NOTE THAT NO ADDITIONAL EXTENSIONS ARE
PERMITTED.
1

Planning and Development Department
June 12, 2024
CITY COUNCIL CONDITIONAL APPROVAL REPORT: ABND 230055
Project# 03-263
Quarter Section: 10-26
District#: 7
CITY COUNCIL APPEAL SUMMARY
Hearing date: June 12, 2024 (City Council Formal)
Agenda Item #: 143
Abandonment #: ABND 230055
Location: Harrison Street, between 9th Avenue and 7th
Avenue
Quarter Section: 10-26
Request: To abandon a 60-foot-wide right-of-way
located north of Harrison Street between 9th
Avenue and 7th Avenue.
Appeal Request: To deny the abandonment.
Applicant: Greenman Law – Jordan Greenman
Appeallant: Greenman Law – Jordan Greenman
Results of City Council: Public Hearing – Appeal of Hearing Officer
Decision - Abandonment of
Right-of-Way - ABND 230055 - Harrison
Street, between 9th Avenue and 7th Avenue
The hearing was held. This item was
approved to deny the appeal and uphold the
Hearing Officer's decision.
2

Hearing Summary
Ms. Dru Maynus, Abandonment Coordinator read ABND 230055 into the record, stating the
location, applicant, request, purpose of request and City Staff research.
Mr. Christopher DePerro, Abandonment Hearing Officer asked the applicant if they wanted to
present or add to the case.
Mr. Jordan Greenman, the applicant presented the abandonment area, stating the history of the
area and how difficult it was to get approval from the railroads. Mr. Greenman also stated what
easements would be retained in the abandonment area.
Mr. Josh Rogers, Street Transportation Representative stated how the additional right of way to
the east would need to be added to the request.
Mr. Greenman stated how difficult it is to obtain approval from the railroads to sign off on the
abandonment request.
Hearing Officer DePerro took ABND 230055 under advisement to discuss the Public Utility
Easement with the Water Services Department and work out stipulations.
Stipulations of Conditional Approval – Per City Council Approval June 12, 2024
The request of abandonment is conditionally approved by the Abandonment Hearing Officer.
The following stipulations will need to be met:
3

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 rights-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. 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: ___________ 6/18/26
REPORT SUBMITTED BY: Dru Maynus, Abandonment Coordinator
cc: Applicant/Representative, Greenman Law – Jordan Greenman
Christopher DePerroDavid Neal, Principal Planner, Abandonment Hearing Officer
4