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Report to the Board of Supervisors Prepared by the Maricopa County Planning and Development Department Board Hearing Date: August 3, 2016 Case #/Title: S2016008 – Kapfer Property Supervisor District: 2 Owner: Ernest Kapfer Request: Resolution to reduce an 8’ Public Utility Easement (PUE) to 7.15’ due to an existing structure built into the PUE Site Location: 141-60-113 6358 E. Akron St. Mesa, Arizona – Lot #11 of Granite Reef Vista Park Subdivision in the east Mesa area Site Size: 13,752 sq. ft. (0.31 acre) Density: N/A County Island Status: Yes (City of Mesa) Existing On-Site and Adjacent Zoning and Land Use: On-site R1-8 / residential use North: R1-8 / Albany St., then single family residential South: R1-8 / Akron St., then single family residential East: R1-8 / 64th St., then single family residential West: R1-8 /single family residential Staff Recommendation: Approve Additional Comments: Granite Reef Vista Park is a single family residential subdivision in the R1-8 zoning district approved by the Board of Supervisors in 1972. The subdivision is located on the north side of Akron St., south of Albany St. between 63rd St. and 65th St. August 3, 2016 S2016008 Page 1 of 4 The plat was recorded in Book 146, Page 18 in 1972 and consists of 22 single family residential lots. The plat identifies an 8’ PUE easement along the west property line of lot 11. Shown below is the recorded plat showing the PUE easement. The request for reduction in the PUE is due to construction of an unpermitted detached garage building (approx. 30’ x 40’) between 2012 and 2013 which encroaches approximately 0.85’ into the 8’ PUE or setback 7.15’ from the west property line. Staff is recommending the Board consider reduction of the recorded 8’ PUE to 7.15’ PUE to allow the owner to rectify the existing violation on the property by reducing the PUE to allow the owner to obtain a building permit for the garage. The owner will be submitting a building permit application for the garage, pending outcome of the reduction in the PUE. Shown on the next page includes aerial images from 2012 and 2013 with construction of the detached garage. August 3, 2016 S2016008 Page 2 of 4 2012 2013 The City of Mesa provided a letter stating an 8” water line runs along the western PUE, they have instructed the owner to not build any new or additional “permanent” obstructions within the PUE that would conflict with the water line. The letter also states the existing structure can remain within the easement. As part of the request for reduction in the PUE, the owner submitted letters from various utilities indicating no objection to the encroachment into the PUE. Letters include City of Mesa, Cox Communications, Southwest Gas Corporation, SRP, and Century Link. Staff is supportive of the reduction of the 8’ PUE to 7.15’ to allow the owner to obtain a building permit for the detached garage. Attached with this report includes a Resolution to reduce the PUE with a record of survey. August 3, 2016 S2016008 Page 3 of 4 Presented by: Rachel Applegate, Senior Planner Reviewed by: Darren Gerard, AICP, Deputy Director Attachments: City of Mesa Letter (1 page) Cox Communications (1 page) Southwest Gas Corporation (1 page) SRP (1 page) Century Link (1 page) Resolution with exhibit (2 pages) No enclosures August 3, 2016 S2016008 Page 4 of 4 mesa-az Engineering July 5, 2016 Ernie Kapfer 6358 E Akron St Mesa, AZ 85205 Phone: 602-326-6462 US MAIL, Subject: 6358 E Akron St PUE Encroachment Approval Letter Dear Mr. Kapfer, This letter serves as your formal approval of the request for encroachment into the City of Mesa's 8" water line's PUE which runs along the western parcel line of your property. No further action Is required and approval is granted. Please remember to refrain from building any new or additional "permanent" obstructions within the Public Utility Easement directly in conflict with the water line. Existing structures may remain within the easement, but please remember that you as the owner understand, any damage sustained to access, maintain or operate said utilities shall be at the owner's expense and at no cost to the City. New landscaping that will render the easement inaccessible by equipment should not be placed within the easement. The City of Mesa has the right to cause any obstruction to be removed without notice to the property owner and all related costs shall be the property owner's responsibility. Lastly, if the parcel is to be redeveloped, the City reserves the right to review this permission on a case-by-case basis to consider construction options, or declining the continuance of this permission. if you have any questions, please contact me at (480) 644-5207. Sincerely, PT Stephen Ganstrom, RE. City of Mesa Engineering Department cc: Robert Apodaca David Rothenberger — Engineering Construction Inspector File P. O. Box 1466 Mesa Arizona 85211-1466 480.644.2251 Tel 480444.3392 Fax October 26, 2015 ANGELA CARRIZZO 6358 E AKRON ST MESA, AZ 85205-8921 RE: Abandonment Request for 6358 E AKRON ST. Ms. CARRIZZO, I have reviewed the abandonment request for 6358 E AKRON ST., in Mesa, AZ.. Based • upon the supplied drawings/exhibits that you've submitted, it has been determined that COX has no facilities within the RUE and therefore we approve your request to abandon. Please note that although Cox Communications approves this abandonment we do so with the understanding that we will not assume any construction, relocation and/or repairs costs associated or in result of this abandonment. If I can be of further assistance, please contact me using the contact information below. Kenny Hensman Neruuf Newman COX Communications Permitting Group Right of Way Agent II kenny.hensman@cox.com snIFITAEST GAS caRrnrirman February 9, 2016 Ernie Kapfer 6358 E. Akron St. Mesa, AZ 85205 SUBJECT: Public Utility Easement Encroachment 6358 E. Akron Street Dear Mr. Kapfer, After reviewing the plans for the above-referenced project, it has been determined that there are no apparent conflicts between the Southwest Gas system and your proposed encroachment of the public utility easement. Permission is granted to encroach on the public utility easement located at the above-referenced location. Thank you for your cooperation on this project. Please contact me if you have any questions or require additional information. Greg' Cooper Supervisor/Central Support Mail Station 420-588 (602) 484-5276 1600 E. Northern Avenue / Phoenix, Arizona 85020-3982' P.O. Box 52075 / Phoenix, Arizona 85072-2075 / (877) 860-6020 www.swgas.corn P.O. Box 52025 Phoenix, AZ 85072-2025 (602) 236-5900 www.srpnet.corn February 29, 2016 Mr. Ernie Kapfer 6358 E. Akron Street Mesa, AZ 85205 RE: Encroachment Dear Mr. Kapfer: Salt River Project has no objection to the encroachment of your building at 6358 E. Akron Street with the condition that you maintotin a 4 foot clearance from the Property Line. If you have any questions or need further information, please feel free to contact me on 602-236-3126. Sincerely, c-1 Sherry Wagner Senior Right of Way Technician PAB348 - CenturyLink. Stronger Connected' 100 Century link Dr_ Mai!stop 3TCW080.2 Monroe, LA 71203 January 26, 2016 Ernie Kapfcr 6358 E. Akron St. Mesa, AZ 85205 RE: Encroachment into 8 PUE CenturyLink Reference #: E1602933 Mr. Kapfer, CenturyLink has reviewed your request regarding the encroachment of an existing structure into the 8' Public Utility Easement at the property addressed as 6358 E. Akron St. and depicted as Lot 11 on the plat for Granite Reef Vista Park recorded in Book 146, Page 18. CenturyLink has no objection to the encroachment within the 8' Public Utility Easement in order to maintain the existing structure. Please consider this letter as CenturyLink's consent to allow an encroachment into the 8' Public Utility Easement. This approval neither subordinates nor relinquishes any damage or relocation costs (Salty) incurred by Century -Link, resulting from this placement and will be billed to the responsible party. As always, please 'blue stake' before digging and use caution. Please contact me with any questions or issues at 318-330-6894 or by email at michael.pietlukiewiczae.enturylink.corn. Sincerely, Michael Pietlukiewiez Network Real Estate EASEMENT REDUCTION Adopt the following resolution to reduce an 8' Public Utility Easement within lot 11 of Granite Reef Vista Park, a subdivision as recorded in Book 146 Page 18, Maricopa County Records (the "Easement"), for parcel APN 141-60-113, as requested by the Planning and Development Department. (Supervisorial District No. 2) RESOLUTION WHEREAS, the Board of Supervisors as the governing body of Maricopa County, in order to conserve and promote the public health, safety, convenience and general welfare, has the authority pursuant to Title 11, Chapter 6, Article 1 of the Arizona Revised Statutes (as amended) to plan and provide for future growth and to coordinate public improvements regarding matters of planning, zoning and subdivision platting, and WHEREAS, the Board of Supervisors has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision plat or other lawful means, WHEREAS, the utility providers has provided documentation in support of reduction of the public utility easement on this property. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors by this resolution hereby indicates that Maricopa County has no objection to reduce the 8' public utility easement to 7.15' as shown on the attached exhibit. Chairman Date Clerk of the Board Date Director Date Planning and Development Department Approved as to form: Deputy County Attorney Date 15011 01/24/11 OF RD, 1 400 DATE SHIES- IN III • UNLESS TITLE MAY U2011110. 01Z0 RECORD, Amu TIPS BDOIE 1712010, A DR 1115 MILT On RECOM. RHFINEYOR scarier, CF mAP TO COUNTY. • PODEPTED ,,,III11115 CONCERNING FROM PR. ALLOWABLE OF LAIC uORRECTLY MRCEHELT PENETI- ./..to 1000 VKINFrY ACCORDING WERE THE WARRIMIFf ENCUMBERENCES DATA ARE .4 410Ho EASEMENTS RESTEIIED ARE 7011 1,M40000 LNOALHCLICENTS NOTED. PERFORM. ITAn+. OF SURVEY WITHOUT NO OR SHOW HEREON FALL ALL PARR A A14 I HELIELEIN +1.001618101 BORK VISTA RECORDS THIS MAKES 10 NO OTHERMSE TO MarA LLD.. I TRWT SHOWN 101.01. DESCRIPTION DURING 0000UC1IE0 EASSAIDES MADE SHOwn DNENSIMIS SuaJEDT Not, LDOOMIEUTS FHA, ARE REEF' SURVET AIRr SAN OessIVED +ROMS IS OR II 2011-4041141, REEF 13, DERTIFf A110051. AND Ssan/ ORANITE FACE FOUND E0*11WIS2. WAS THIN OF Pos PARCELS. DIMENSIONS mr...suaea SHOWN KOPPER GRANITE PACE IHCATON OF MONUMENTS SADEIERRY IT uLAPs, SURvt", 611s1E41(01 ATTEMPT SAVENCR oLl ToTERA.NCER, PROPERTY OWNER W. RECORD No_ OF 145, HERS:, STAIE THE RIEFRESENTED T. L.EaAL It LOT OF NOTES MOM/ANTS 110120 1041 REPORT. Exist NO RS ADJACENT AIL POE THIS WHETVER ERNEST DEED DOS, PLAT EI000 CErt DI L THE 11-00 11110 D 0145' SCALE *CHI. I FLAP CAP PRA. fall, a -20120114 01' SURVEY P7 OLIMRTER nANDE 2- 14 110004, 0e410IA441 ARIEMI1, 644 -60-110 trro-FroEsr NORTH. OF 41 1 RT., RNIPR COUNTY. APH ARRon TRE OF TOWNSHIP SALT uoNuurz 3o-w ROMP ans2a E, *140 MARION, Sam12. 641.77 1/2' cAF RECORD 435.5 PART A 24. 01,0 concRELE SET EL.s SONG srcimi, -1 ST. RFEAR Rosso 1/* cam 13 ALBANY PCs 141-20, AKRON AZ 11 30. E. 4E04 .4.33. 77.26 A1111 733£1 naulf/STE oARASE SALA. WMNii 10520 11,11 TAG BM< RLS oN St. Inwrrt. 141-09-110 ALBANY 4.2 141-SC.-112 N.4104:44 Al - E. LIMA, MESA 44. ART 6349 APN 0140 pA 44. 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