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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/12/2017 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENC ROOM B-3 OCTOBER 12,2017 4:00 PM CALL TO ORDER The meeting was called to order at approximately 4.04 p.m. ROLL CALL Board members Carl Dietzman, Cathy Cheshier, Vice Chair Ermine Zarra, and Chairperson Lawrence Feiner were present. BOARD MEMBERS ABSENT: Board members Michael Wilson, Eric Fitzer and Reginald Martinez were absent. CITY STAFF Tabitha Perry, Assistant Planning Director, Russ Romney, Deputy City Attorney, Paul Whalen, AICP, Senior Planner, Jeremy Underwood, Planner, Diana Figueroa, Recording Secretary and Cindy Gilchrist, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner stated there were no minutes for approval. WITHDRAWALS AND CONTINUANCES Chairperson Feiner asked staff if there were any requests for withdrawals or continuances. Tabitha Perry, Assistant Planning Director, stated this case is scheduled for a continuance. VAR17-06: A variance request by Steven Bakal, Solar Covered Parking, representing Green Home Rentals, LLC, to allow a reduced side yard setback of 4' for construction of an attached patio with rooftop solar panels within the R-2 zoning district. The site is located west of the southwest corner of 53rd Avenue and Gardenia Avenue (5309 West Gardenia Avenue) and is in the Ocotillo District. Staff Contact: Jeremy Underwood, Planner. PUBLIC HEARING ITEMS Chairperson Feiner called for staffs presentation on the public hearing items. 1. VAR17-04: A variance request by John Reddell, John Reddell Architects, Inc., representing Francis and Sons Express Carwash to allow 2.5-foot side yard setback where 15 feet is required and 15-foot landscape buffer where 20 feet is required in the C-2 (General Commercial) zone district. The site is located at the northwest comer of 59th October 12,2017 Board of Adjustment Minutes Page 2 Avenue and Northern Avenue (5910 West Northern Avenue) and is in the Barrel District. Staff Contact: Paul Whalen, AICP, Senior Planner. Mr. Paul Whalen, AICP, Senior Planner, stated this was a request by John Reddell, John Reddell Architects, Inc., representing Francis and Sons Express Carwash to allow 2.5-foot side yard setback where 15 feet is required and 15-foot front yard landscape buffer where 20 feet is required in the C-2 General Commercial zone district. He said the site is located at the northwest corner of 59th Avenue and Northern Avenue and is in the Barrel District. The property, Lot 3, is located at the northwest corner of 59th Avenue and Northern Avenue. He explained that the site has been subdivided to create four lots for future commercial development including the car wash. He said the parcel dimensions are approximately 190 feet wide and 260 feet long. Mr. Whalen stated that on September 13, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. Neither staff nor the applicant received any input as a result of the Citizen Participation notification. Mr. Whalen stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Whalen reviewed staffs findings. 1. There are special circumstances/conditions applicable to the property including size, shape, topography,location or surroundings,which were not self-imposed by the owner; He said the applicant approached the City in the fall of 2016 exploring an opportunity to purchase and develop the vacant site. After months of negotiations, the applicant agreed to dedicate an additional 25 feet of land area to the City for future right-of-way improvements along Northern Avenue and 59th Avenue. He stated that this City-initiated dedication significantly impacted the site, and the owner's ability to develop the car wash and market the remaining lots for future development. Prior to the dedication, the site was adequate to meet the development needs for the car wash while complying with the C-2 development standards. In addition, the reduced lot size also impacts the mandated 20-foot landscape buffer required along Northern Avenue street frontage. He noted the applicant is seeking relief to the conventional development standards on this property due to actions beyond his control. 2. Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the same classification in the same zoning district; He said the strict application of the Zoning Ordinance C-2 setback and landscape buffer standards would render Lot 3 impractical for the car wash tunnel construction, and Lot 4 unattractive, limiting the property for possible resale and use. October 12,2017 Board of Adjustment Minutes Page 3 3. The variance requested is the minimum necessary to alleviate the property hardships. He said the requested side yard setback reduction (83%) to 2.5-ft from the required 15-ft side yard setback and the reduction (25%) of the mandated Northern Avenue street frontage 20-ft landscape yard to 15-ft is the minimum necessary to maintain Lot 4 as a buildable lot. He noted Lot 4 is located east of Lot 3. He stated that no other relief from the zoning requirements is proposed per this variance request. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general. He said the requested building setback will permit the construction of the desired car wash structure and maintain the usefulness of Lot 4 He said this request will not detrimentally affect any neighboring properties. Mr. Whalen stated the variance request appears to meet the findings and should be approved. He stated that the Board of Adjustment should approve the variance, subject to staff's recommended stipulations as stated in the staff report. Development shall be in conformance with the applicant's narrative, date- stamped August 30, 2017. Chairperson Feiner called for the applicant to make a presentation. John Reddell, applicant's representative, reiterated staff's presentation of the applicant dedicating an additional 25 feet of land area to the city for future right-of-way improvements along Northern Avenue and 59th Avenue. Vice Chair Zarra asked why they did not choose Lot 4 instead since it made more sense as a business decision. Mr. Reddell explained the lot better suits a possible future financial institution and the lot they chose for the carwash works better for them. Vice Chair Zarra inquired about the noise level that the carwash might cause. Mr. Reddell noted they had addressed the noise issue in the Conditional Use permit. He spoke about the vacuums, blowers, location and the barrier wall, all done to minimize the noise level. Board member Cheshier also had a question on why they chose Lot 3 instead of Lot 2. Mr. Reddell reiterated that Lot 3 was the best suited for them due to the benefit of vehicular circulation. Board member Cheshier asked what was required to improve the dedicated portion and why side-yard setbacks were requested. Mr. Reddell noted that the area was being readjusted and as far as the dedicated portion, they are landscaping the area, however, they are not required to work on the road. Ms. Perry added that the city will at some point in the future work on road development in the area. Russ Romney, Deputy City Attorney, spoke about eminent domain and a recent court case. He discussed why property owners have to make certain decisions regarding lot developments and why it should not be held against them. October 12,2017 Board of Adjustment Minutes Page 4 Vice Chair Zarra asked if it was known what other businesses will be coming into the area. Mr. Reddell stated no. Chairperson Feiner opened the public hearing. There were no speakers. Chairperson Feiner closed the public hearing. Chairperson Feiner asked the Board for any further questions or comments. Based on the facts and evidence presented, Mr. Romney requested a vote from the Board. He read each finding and waited as the Board responded. Finding One. Chairperson Feiner called for a voice vote on Finding One. The Board responded with a 4-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 4-0 vote. Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 4-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 4-0 vote. Chairperson Feiner called for a motion. VICE CHAIR ZARRA MADE A MOTION TO APPROVE THIS ITEM SUBJECT TO THE STIPULATION NOTED IN THE STAFF REPORT. BOARD MEMBER DIETZMAN SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. 2. VAR17-05: A variance request by Taylor C. Earl, Earl, Curley & Lagarde, P.C., representing Richard and Silvia Rosenfeld, to allow a reduced rear yard setback of 8' 6" for construction of an attached patio within the R1-6 zoning district. The site is located west of the southwest corner of 53rd Avenue and Poinsettia Drive (5325 West Poinsettia Drive) and is in the Sahuaro District. Staff Contact: Jeremy Underwood, Planner. Mr. Jeremy Underwood, Planner, stated this was a variance request by Taylor C. Earl, Earl, Curley & Lagarde, P.C., representing Richard and Silvia Rosenfeld, to allow a reduced rear yard setback of 8' 6" for construction of an attached patio within the Rl-6 zoning district. He said the site is located west of the southwest corner of 53rd Avenue and Poinsettia Drive and is in the Sahuaro District. October 12,2017 Board of Adjustment Minutes Page 5 Mr. Underwood said that on September I, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. He noted that neither staff nor the applicant received any input as a result of the Citizen Participation notification. Mr. Underwood stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Underwood reviewed staffs findings. 1. There are special circumstances/conditions applicable to the property including size, shape, topography, location or surroundings,which were not self-imposed by the owner; He said the R1-6 zoned 68 ft. x 100 ft. lot is an existing legal conforming parcel. However, an 8- foot public utility easement traverses the south side of the property, and a 3-foot utility easement lies on the east side of the property, reducing the ability of the owner to place shade trees, which would make their rear yard more usable. The rear patio was originally constructed in the 1980's, prior to the Rosenfelds' ownership of the subject parcel, and has sustained damage due to multiple monsoon storms. 2. Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties in the same classification in the same zoning district; He said the strict application of the Zoning Ordinance on this existing conforming legal lot would limit the property to just a five-foot build zone in which to construct an attached covered patio in the rear yard. This setback requirement, along with the present easements, which limit shade tree placement, greatly reduces the usable shaded area of the rear yard. 3. The variance requested is the minimum necessary to alleviate the property hardships; He said the requested rear yard setback of 8 feet 6 inches will allow for reconstruction of the rear yard patio within its historic footprint and would allow reconstruction of the currently unsafe structure. The variance allows for reduced rear yard setback of 8'6" for only that portion of the patio in the rear yard measuring approximately 19'x18' in size. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general; He said the requested building setback will impact only the subject lot permitting the construction of a home, and will not detrimentally affect any neighboring properties. October 12,2017 Board of Adjustment Minutes Page 6 Mr. Underwood stated the variance request appears to meet the findings and should be approved. He stated that should the Board of Adjustment approve the variance, staff recommends the following stipulations as noted in the staff report. 1. Development shall be in conformance with the applicant's narrative, dated July 28, 2017. 2. This Variance shall apply only to the rear yard setback reduction and shall not apply to any side yard encroachments into required setbacks. 3. Prior to the issuance of any additional building permits for the subject property, the illegally attached structure on the west side yard shall be removed. 4. Maximum Lot Coverage shall not exceed 40%. Chairperson Feiner opened the floor for the Board to ask questions. There were none. Chairperson Feiner called for the applicant to make a presentation. Taylor C. Earl, applicant's representative, explained the Public Utility Easement (PUE) issue stating that the box was in a weird location on this property. He noted that most people have them in the front yard. He explained that having them in the backyard encroaches on yard space and their ability to plant trees. Therefore, the applicant decided to refresh their backyard patio. Mr. Earl talked about the utility company's right to have access to the PUE at all times. He added that this variance will not be detrimental to anyone in the neighborhood. Vice Chair Zarra asked if the PUE went east and west through the entire neighborhood. Mr. Earl stated he was correct. Board member Cheshier asked what type of utility was in that PUE. Mr. Earl did not know for sure but believes it was dry utilities such as cable, telephone or power. Board member Cheshier commented that they should investigate it since it could have been abandoned. Chairperson Feiner opened the public hearing. There were no speakers. Chairperson Feiner closed the public hearing. Chairperson Feiner asked the Board for any further questions or comments. Board member Cheshier thanked the applicant for going through the process the correct way and coming before the Board to receive a variance. She noted that many people tend to take the easy way out. She truly appreciates their efforts. Based on the facts and evidence presented, Mr. Romney requested a vote from the Board. He read each finding and waited as the Board responded. October 12,2017 Board of Adjustment Minutes Page 7 Finding One. Chairperson Feiner called for a voice vote on Finding One. The Board responded with a 4-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 4-0 vote. Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 4-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 4-0 vote. Chairperson Feiner called for a motion. VICE CHAIR ZARRA MADE A MOTION TO APPROVE THIS ITEM SUBJECT TO THE STIPULATION NOTED IN THE STAFF REPORT. BOARD MEMBER DIETZMAN SECONDED THE MOTION,WHICH WAS APPROVED UNANIMOUSLY. OTHER BUSINESS FROM THE FLOOR Chairperson Feiner called for other business from the floor. There was none. PLANNING STAFF COMMENTS AND SUGGESTIONS Chairperson Feiner called for planning staff comments and suggestions. There were none. BOARD COMMENTS AND SUGGESTIONS Chairperson Feiner called for Board comments and suggestions. There were none. ADJOURMENT With no further business,the meeting was adjourned at 5:05 p.m. NEXT MEETING: November 9, 2017 at 4:00 p.m.