Attachment C - Abandonment Appeal Application and Narrative ABND 250004.pdf

Abandonment 
Decision Appeal 
In accordance with Section 31-70, Article V of the City Code, the decision of the Abandonment 
Hearing Officer regarding the abandonment of public rights-of way may be appealed. Any 
decision of the Abandonment Hearing Officer shall be considered final unless a person 
aggrieved thereby, files a written Notice of Abandonment Appeal with the Planning & 
Development Department within fifteen calendar days after the decision is made. The 
completed abandonment appeal form and filing fee* must be submitted to the Planning & 
Development Department, Check-In/Information Counter, located at 200 West Washington 
Street, 2nd floor, Phoenix, Arizona 85003. 
*All fees are pursuant to the current Fee Schedule contained in Appendix A.2. of the
Phoenix City Code.
Appellant’s Name:
Address:    
 
City:    
 State:    
 
Zip:  
 
Phone:  
Email: 
Affiliation:    
Appeal to City Council 
Be specific as to what you are appealing. Include the rationale for your appeal. Attachments 
may be included. 
Abandonment # ABND 
Date Heard:  
Located at approximately:     
Abandonment Hearing Officer: 
Approved 
Denied 
Appealing Decision: 
Appealing Stipulation: 
Appealing Stipulation:  
Appealing Stipulation: 
------------------------------------------------------------- Staff Use  Only -------------------------------------------------------------- 
Received By:  
Receipt #: 
Date:  
Reviewed By: 
Receipt #: 
Date:  
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An applicant may receive a clarification from the city of its interpretation or application of a statute, ordinance, code or authorized substantive 
policy statement. To request clarification or to obtain further information on the application process and applicable review time frames, please 
call 602-262-7811 or visit our website at Licensing Time Frames | City of Phoenix. This publication can be made available in alternate formats 
(Braille, large print, or digital media) upon request. Contact Planning & Development at (602) 262-7811 voice or (602) 534-5500 TTY. 
P:\Abandonment Decision Appeal 
TRT/DOC/00005 
WEB\ EXTERNAL dsd_trt_pdf_00005 
Rev. 11/12 
Jordan Greenman - Greenman Law Firm 
1621 W Willetta St
Phoenix
AZ
85007
248-225-0428
Attorney - Applicant
250004
March 13, 2025
Immediately west of 817 West Madison St
X
Appealing denial of ABND 250004 - See attached narrative
ATTACHMENT C

Jordan Evan Greenman  
1621 West Willetta Street 
Phoenix, AZ 85007 
Phone: 248.225.0428  
 
 
jordan@greenmanlawfirm.com 
May 30, 2025 
 
Phoenix City Council 
200 West Jefferson Street 
Phoenix, Arizona 85003 
 
Formal Appeal of Denial of Abandonment Request – ABND 250004 
 
Dear Phoenix City Council,  
 
On behalf of Ian Likwarz, Greenman Law respectfully submits this appeal of the denial of ABND 
250004, which concerns the proposed abandonment of the eastern 20 feet of South 9th Avenue right-
of-way adjacent to 817 West Madison Street, Phoenix, Arizona (Lot 19, Block 1, Neahr’s Addition; 
APN 112-05-016A). The matter was originally heard on March 13, 2025, and taken under advisement, 
but the decision was not issued until May 15, 2025—63 days later, well beyond the typical 30-day 
timeframe provided for such determinations. This substantial delay created uncertainty and slowed 
momentum on an adaptive reuse project that aligns directly with the City’s revitalization objectives 
for the Capitol Mall area. 
Functional Basis for the Abandonment Request 
The project in question seeks to reactivate a pre-WWII industrial warehouse by converting it into a 
banquet hall and community event venue, with outdoor dining and gathering space along the 9th 
Avenue frontage. To support this, the applicant requested the abandonment of a 20-foot-wide strip 
of underutilized right-of-way. This portion of 9th Avenue is significantly oversized, measuring 90 feet 
in total width—far beyond the 50-foot standard for local streets established in the City’s 2018 Street 
Classification Map. The eastern half-street alone spans 45 feet, when only 25 feet is required for public 
functionality. Approving the abandonment would still preserve a 70-foot-wide right-of-way, which is 
more than sufficient to accommodate vehicular travel, public utilities, and pedestrian infrastructure. 
 
The need for abandonment is also driven by practical site constraints. The existing building is a 1940s 
bow truss structure that currently lacks HVAC. Due to its age and construction type, the roof cannot 
support the weight of rooftop HVAC units. As a result, the project requires a dedicated structure to 
house the HVAC equipment on the west side of the building. The 14 feet of right-of-way proposed 
for abandonment would be necessary to accommodate and support this mechanical structure, which 
is essential to bringing the building up to modern functional standards. 
ROW Dimensions and Sidewalk Relocation Feasibility 
The purpose of the requested abandonment is not speculative. The project requires at least 15 feet of 
the subject area for construction of the outdoor patio space that fronts 9th Avenue. If the full 20-foot 
abandonment is approved, it would allow us to dedicate and build out five feet on the western portion

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to reconstruct the sidewalk farther west, preserving pedestrian access while also improving public 
safety. The existing curb lies approximately 20 feet from the edge of the building, making sidewalk 
relocation feasible without affecting traffic flow or curb alignment. No vehicular lanes or curb lines 
would be altered in any way as a result of the abandonment. Preliminary approval for the abandonment 
of the eastern 28 feet of South 9th Avenue, adjacent to 817 West Madison Street, was previously 
granted in 2018 under case number ABND 170026. Unfortunately, the project was delayed and the 
approval lapsed.   
Alignment with City Policy and Light Rail Objectives 
This adaptive reuse effort directly supports the goals of the Capitol Mall Overlay District, which calls 
for coordinated redevelopment that respects the area’s historic character while fostering mixed-use 
investment and pedestrian activity. The surrounding neighborhood has long suffered from vacancy, 
disinvestment, and persistent social challenges. This project would introduce regular foot traffic, 
community events, new employment opportunities, and high-quality streetscape enhancements to a 
corridor that has seen little improvement in decades. The site is also located within one block of the 
future light rail expansion, making it an ideal location for transit-oriented development. The City has 
repeatedly emphasized the importance of placing walkable, mixed-use projects near the light rail line, 
and this proposal would contribute directly to that effort.  
Agency and Utility Review Summary 
Importantly, this request was not rejected due to a technical deficiency or a safety concern. In fact, 
most City departments either supported the abandonment or had no objections. The Civil Division, 
Water Services, Solid Waste, Streetlights, and Public Transit all approved the request outright. The 
Traffic Department recommended partial approval—specifically 10 feet—conditioned on sidewalk 
relocation, confirming the basic viability of shifting pedestrian access westward. The Office of 
Customer Advocacy confirmed that the abandonment area is more than a block away from any 
planned light rail expansion and would not interfere with any future transit development. CenturyLink 
and Southwest Gas noted the presence of existing facilities but indicated a willingness to work through 
utility coordination processes, as is standard for abandonment cases. Cox and SRP approved without 
objection. 
ADOA Approval and Planning Staff Concerns 
Further, Greenman Law has already obtained formal written approval from the Arizona Department 
of Administration (ADOA), which oversees the Governmental Mall area. In a letter dated March 27, 
2025, ADOA confirmed that it reviewed and approved the proposed abandonment of the subject 20-
foot strip and deferred to the City of Phoenix for implementation. This directly contradicts the 
Planning Department’s assertion that the abandonment should not proceed absent ADOA support, 
and eliminates any ambiguity as to state-level approval of the proposal.

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Despite this overwhelming technical support, the abandonment was denied based on generalized 
planning theories and speculative concerns about future streetscape design, rather than any practical 
or site-specific rationale. The City's own transportation and planning maps confirm that the right-of-
way is substantially oversized. There is no identifiable or realistic public use for the subject strip, and 
its retention serves only to obstruct meaningful and needed redevelopment. Phoenix City Code 
Section 31-64 authorizes abandonment of public rights-of-way when they are no longer necessary for 
public use, and that standard is unquestionably met here. 
Conclusion and Request for Reversal 
This neighborhood needs reinvestment. The City should be encouraging catalytic projects like this—
especially those that preserve historic buildings and convert them into vibrant community-serving 
spaces. This proposal is consistent with Phoenix’s Adaptive Reuse Program, with the City’s General 
Plan, with Capitol Mall overlay goals, and with the City's long-term light rail vision. The applicant has 
done everything possible to coordinate with City and State staff and has responded constructively to 
agency feedback at every stage. 
 
We respectfully ask that the City Council reverse the Hearing Officer’s decision and approve the 
abandonment as requested. This project deserves the opportunity to move forward and help breathe 
life back into a part of the city that has waited far too long for meaningful investment. Please contact 
me at any time with questions or for further information.  
 
Thank you for your time and consideration. 
 
Sincerely, 
 
 
 
Jordan Evan Greenman 
Greenman Law