Attachment B - Approval Report 230005.pdf
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1 Planning and Development Department CONDITIONAL APPROVAL – ABND 230005 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 Alyssa Neitzel at 602-534-7321 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 8, 2025), 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 2 Planning and Development Department June 8, 2023 Abandonment Staff Report: ABND 230005 Project# 23-546 Quarter Section: 2-29 District: 6 Location: East Alta Vista Road and South 8th Place Applicant: Jeffrey Williams Request to abandon: To abandon the water easement that runs east to west across parcel 114-23-040C, the road/irrigation/utility easement that runs north to south across the east side of parcel 114-23-032 and 114-23-033C. Purpose of request: The applicant states that the water main/easement connects the existing water mains in South 8th Place and South 9th Street alignment and does not appear to be needed anymore. The road/irrigation/utility easement also does not appear to be needed. Abandoning these easements would allow for new development on the parcels. Hearing date: June 8, 2023 3 Hearing Summary Mr. Christopher DePerro, the Abandonment Hearing Officer opened the hearing and provided instructions. Ms. Danielle Bohannan, acting Abandonment Coordinator, introduced abandonment ABND 230005 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 if they would like to comment on the request. Mr. Jeffrey Williams, applicant, has no comment but is open to answering any questions. Mr. Joshua Rogers, Streets Transportation Department Representative retracts his comment as it is only an easement. Mr. DePerro asks the applicant if he is aware of the water line within the easement he would have to remove. Mr. Williams is aware and summarizes the plans for the parcel. Mr. DePerro reads stipulations and edits for this request. Mr. DePerro asks Paulina Hernandez, Abandonment Secretary, if there are any attendees requesting to speak on this abandonment request. Ms. Hernandez states no one has requested to speak on this request. Call-In participant, Kevin Barry, has his hand raised and voiced his opposition to this request. 4 Mr. DePerro explains that this abandonment hearing is only to determine if the easements are still needed, not a zoning or development hearing. Mr. Barry continues with follow-up questions about ordinances that have no relevance to the case. Mr. DePerro ejects Mr. Barry from the hearing. The Hearing Officer discussed the stipulations with the applicant. The Hearing Officer grants conditional approval for abandonment 230005 subject to stipulations in staff report with modifications. 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 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. 2. 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 cc: Applicant/Representative, Jeffrey Williams Christopher DePerro, Abandonment Hearing Officer 8/1/2023