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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/14/2017 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 DECEMBER 14, 2017 4:00 PM CALL TO ORDER The meeting was called to order at approximately 4:00 p.m. ROLL CALL Board Members Carl Dietzman, Cathy Cheshier, Michael Wilson, Vice Chair Erminie Zarra, and Chairperson Lawrence Feiner were present. BOARD MEMBERS ABSENT: Board Member Reginald Martinez was absent. CITY STAFF Tabitha Perry, Assistant Planning Director, Russ Romney, Deputy City Attorney, Jeremy Underwood, Planner,and Cindy Gilchrist, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the October 12, 2017 and November 9, 2017 Board of Adjustment meeting minutes. Board Member Deitzman made a motion to approve the minutes and Vice Chair Zarra seconded the motion, which was approved. It was noted that the November 9, 2017 Board of Adjustment Meeting minutes were approved as corrected, referring to the change made on those minutes that Board Member Dietzman was the member that seconded the motion to deny VAR17-03, not seconded by Board Member Martinez as reported. WITHDRAWALS AND CONTINUANCES Chairperson Feiner asked staff if there were any requests for withdrawals or continuances. There were none. PUBLIC HEARING ITEMS Chairperson Feiner called for staffs presentation on the public hearing item. 1. VAR17-09: A request by Carlos Monreal for a Variance to allow an increased lot coverage maximum within the A-1 Zoning District in order to construct a detached metal building in the rear yard. The site is located west of the northwest comer of 59th Avenue & Monte Cristo Avenue (5928 Monte Cristo Avenue) and is in the Sahuaro District. Staff Contact: Jeremy Underwood,Planner. December 14,2017 Board of Adjustment Minutes Page 2 Mr. Jeremy Underwood, Planner, stated this was a request by Carlos Monreal for a Variance to allow an increased lot coverage maximum within the A-1 Zoning District in order to construct a detached metal building in the rear yard. The site is located west of the northwest corner of 59th Avenue&Monte Cristo Avenue and is in the Sahuaro District. Mr. Underwood provided a brief summary of the property. He said the property is located within the Sunburst Farms 25 Subdivision, or more specifically, west of the northwest corner of 59th Avenue and Monte Cristo Avenue. He noted the parcel dimensions are approximately 105 feet wide and 168 feet long (0.40 acre). He explained that the applicant is requesting a variance to exceed the maximum 10% lot coverage, as required in the Agricultural Zoning District, in order to build a detached accessory structure in the rear yard. He added the proposed accessory structure measures 24' wide, 50' long, and 9.5' high, bringing the lot coverage to 19%. In conclusion, Mr. Underwood stated that staff's recommendation is that the variance request appears to meet all four findings and should be approved. 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; Mr. Underwood said staff believes that the 17,640 square foot (105 ft. x 168 ft.) lot is an existing legal non-conforming parcel, as it does not comply with the minimum 40 acre lot size, the maximum 10% lot coverage, nor does the primary structure comply with A-1 zoning setback standards. However, the area was annexed into the City after initial construction of the single-family residence on the parcel and the property was classified as A-1 zoning, despite no typical agricultural uses taking place at the site. 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; Mr. Underwood explained that the strict application of the Zoning Ordinance on this existing legal non- conforming A-1 lot would prohibit the applicant from constructing an accessory storage structure typically found on single-family properties due to exceeding the maximum lot coverage. He said the current lot coverage is approximately 10%. The applicant is asking for a 19% lot coverage, which is significantly less than the SR-17 lot coverage maximum of 30%. He noted that this lot most closely resembles the uses, character, and size of an SR-17 single-family residential lot. December 14,2017 Board of Adjustment Minutes Page 3 3. The variance requested is the minimum necessary to alleviate the property hardships. Mr.Underwood said staff believes the requested increase to the maximum lot coverage will allow for the construction of the 24' x 50' accessory structure; the minimum necessary to alleviate the property hardship on this 17,640 square foot lot. 4. Granting the variance will not have a detrimental effect on the property, adjoining property,surrounding neighborhoods or the city in general. Mr. Underwood said staff believes the requested detached accessory structure ,will impact only the subject lot and will not detrimentally affect any neighboring properties,nor the City in general. He noted that the detached accessory structure, as proposed, will be directly behind the primary structure in the rear yard,not readily viewed from the public right-of-way In conclusion, Mr. Underwood stated that staff's recommendation is that the variance request appears to meet all four findings and should be approved. If the Board decides to grant the variance, it should be subject to the following stipulations as stated in the staff report. They are listed below. He said he was available for questions. 1. Development shall be in conformance with the applicant's narrative, dated October 12, 2017 and the applicant's site plan, dated September 7, 2017. 2. This Variance shall apply only to the construction of the proposed detached accessory structure and no additional structures or expansion of existing structures on the property. 3. Applicant shall obtain building permit from the City for the proposed accessory structure prior to construction. 4. Maximum lot coverage shall not exceed 19%. 5. The metal building shall match the primary structure in color. 6. If the accessory structure roof is metal, the roof shall be flat. Vice Chair Zarra asked for clarification on the roof since the narrative shows a ridgeline. Mr. Underwood responded that after a discussion and agreement with the applicant, a stipulation that the roof needs to be flat was included and approved. Vice Chair Zarra noted that he was still confused by the 12 1/2 feet at the ridgeline. Mr. Underwood stated the main stipulation was having the flat roof. Vice Chair Zarra noted the size of,the building and his concerns regarding the occasional downpour of rain. He questioned if it will withstand the weight of the water. Mr. Underwood explained that the applicant will need to have a building permit stating that the building will be structurally sound. Board Member Cheshier wondered what the zoning was to the east of the property. Mr. Underwood stated it was zoned A-1 to the east and west. Board Member Cheshier wondered if this could be rezoned. December 14,2017 - Board of Adjustment Minutes Page 4 Board Member Dietzman expressed his concern about heavy rains. He wondered where all that water would go. Deputy City Attorney Russ Romney interjected, explaining that their discussion was relevant; however, was not what the Board of Adjustments was here to focus on. He noted their duty was to evaluate the four findings and vote on them. He provided a brief history of the area and how the zoning in the area came to be., Vice Chair Zana remarked that this variance request was generous compared to what they do on this committee normally. He noted this was not relevant to this case but was interesting. Chairperson Feiner agreed that it was interesting noticing the other setbacks in the area. Chairperson Feiner called for the applicant to make a presentation. Mr. Carlos Monreal, applicant, stated he had nothing to add seeing that he was not prepared to make a presentation. However, he thanked them for their time on this case. Mr. Underwood stated that on October 13, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. Staff received one comment opposed to the proposal from a citizen on the interested parties list, not an adjacent neighbor to the applicant. He said the citizen stated the proposed lot coverage was too high. He was encouraged to attend tonight's meeting to voice his concerns. He did not wish to do so. Chairperson Feiner asked the Board if they had any questions. Board Member Cheshier asked what the City overlay was for this area for zoning. Mr. Underwood stated it was medium density residential. Chairperson Feiner opened the public hearing but with no one wishing to speak, he closed the public hearing. Chairperson Feiner asked if there were any further comments or procedure guidance. 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 3-2 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 5-0 vote. December 14,2017 Board of Adjustment Minutes Page 5 Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 5-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 5-0 vote. Chairperson Feiner called for a motion. Vice Chair Zarra made a motion to approve this item subject to the stipulations noted in the staff report. Board Member Cheshier seconded the motion,which was approved unanimously. Chairperson Feiner called for any final comments from staff. There were none. Chairperson Feiner called for the next order of business. OTHER BUSINESS FROM THE FLOOR There was none. PLANNING STAFF COMMENTS AND SUGGESTIONS There were none. NEXT MEETING. January 11, 2018 at 4:00 p.m. BOARD COMMENTS AND SUGGESTIONS There were none. ADJOURDMENT Chairperson Feiner adjourned the meeting,which was approved unanimously. The meeting adjourned at 4:45 p.m.