Attachment B - Approval Report 250003.pdf
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Planning and Development Department
CONDITIONAL APPROVAL – ABND 250003
Your abandonment request was granted CONDITIONAL APPROVAL by Craig Messer,
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 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 March 13, 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.
ATTACHMENT B
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Planning and Development Department
March 13, 2025
Preliminary Abandonment Staff Report: ABND 250003
Project# 93-0001274
Quarter Section: 19-30
District#: 6
Location:
1246 East Oregon Avenue
Applicant:
House of Oak, LLC / Jarrin Solomon
Request:
Request to abandon a 15’ by 127.07’ (1,906
sf) portion of right-of-way that abuts 1246
East Oregon Avenue.
Purpose of request:
Applicant states the right-of-way is no
longer needed for public use and they would
like to incorporate the land into their
property to match the property to the north.
Hearing date:
March 13, 2025
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City Staff Research
City Staff research shows that the 13th Street 30-feet right-of-way was dedicated on July 15,
1947 by the Marow Homes Subdivision Plat under Book 39, Page 16 of the Maricopa County
Recorder. If abandoned, the 13th Street 15-feet-wide right-of-way would be conveyed back to
1246 East Oregon Avenue.
City Staff Comments
This request was routed to various City departments for their recommendations. Listed below
are the responses from each department.
Street Transportation Department – Josh Rogers
The Street Transportation Department has reviewed the attached abandonment application and
has the following:
Comments:
1. 13th Street was dedicated as part of the Marow Homes subdivision in 1947. At that time,
local street standards required a 30-foot half-street width, resulting in a total right-of-way
width of 60 feet. Since then, the standards for local street cross-sections have been
updated, now requiring a minimum right-of-way width of 50 feet (25 feet per half-street).
However, because a parcel north of the subject site on 13th Street did not dedicate the
necessary right-of-way, the road was constructed with a 5-foot offset to the east from the
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standard 25-foot/25-foot cross-section. As a result, to maintain the required 50-foot total
right-of-way, the western half of 13th Street must be at least 20 feet wide, while the
eastern half remains at 30 feet.
Stipulations:
1. No right-of-way within 20-feet of the 13th Street monument line shall be abandoned
Street Transportation Utility Coordination Department– Andrea Diaz
The Street Transportation Department Utility Coordination section has no comments
PDD Traffic Department – Derek Fancon
Recommend approval with the following stipulation:
1.
Retain 20’ of right-of-way on the west side of 13th Street.
PDD Planning Department – Dru Maynus
Recommend approval.
Streetlights – Jason Fernandez
Recommend approval.
Solid Waste – Megan Sheets
Approved.
Water Services – Don Reynolds
WSD has NO stipulations for this Abandonment.
PDD Village Planner – Sarah Stockham
No comment received.
PDD Civil Department – Darren Chapman
Civil Division recommends approval.
Public Transit Department – Skitch Kitchen
The Public Transit Department has no comment on this project.
Utility Comments
The request was also routed to outside utility companies for their input. Listed below are the
responses from each utility.
Cox – Zach Lawson
I have reviewed the abandonment request at ABND 250003 - 1246 E OREGON AVE APN 162-
09-011, in Phoenix, {Maricopa County}, AZ. Based upon the supplied drawings/exhibits that
you’ve submitted it has been determined that COX has no facilities within the easement 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.
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Southwest Gas – Susan R. Mulanax
After reviewing the documents for the above-referenced abandonment, it has been determined
that there are no apparent conflicts between the Southwest Gas system and your proposed 15-
foot abandonment as shown on the letter you sent. Permission is granted to abandon the 15-
foot portion of the right-of-way located at the above-referenced location.
Arizona Public Service – Darianna Arias
Recommend Approval
CenturyLink – Jody K. Butte
No comment received.
Salt River Project – Michael Laguna
Salt River Project has no objection to the abandonment of the 15’ right-of-way as shown in the
abandonment package for property address 1246 E Oregon Avenue with the following
condition. There is a private irrigation line located within the proposed abandonment area. Prior
to any construction or excavation, the excavation, the owner must call Salt River Project Water
Customer Service at 602-236-3333 for added information and responsibilities in protecting the
private lateral. I have included an Notice of Water Rights pamphlet to be given to the owner.
Recommended Stipulations of Approval
The request of abandonment, if approved by the Abandonment Hearing Officer, will be subject
to the following stipulations:
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. Applicant shall obtain City approval of a legal description of the abandonment area prior
to City Council approval of ABND 250003.
4. No right-of-way within 20-feet of the 13th Street monument line shall be abandoned.
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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: Dru Maynus, Abandonment Coordinator.
cc:
House of Oak, LLC, Jarrin Solomon, Applicant
Craig Messer, Abandonment Hearing Officer
If the area to be abandoned is within or adjacent to a redevelopment area established pursuant to
A.R.S.§36-1471 ET.SEQ., Consideration may be given to the restrictions upon the property and the
covenants, conditions and obligations assumed by the redeveloper in the determination of fair market value.
March 18, 2025