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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/11/2018 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT CITY HALL COMPLEX CONFERENCE ROOM 2A JANUARY 11,2018 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, Reginald Martinez, Vice Chair Erminie Zarra, and Chairperson Lawrence Feiner were present. BOARD MEMBERS ABSENT None _ CITY STAFF Jim Cronk, Interim Planning Director, Russ Romney, Deputy City Attorney, Jeremy Underwood, Planner, Paul Whalen, Senior Planner and Cindy Gilchrist, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the December 14, 2017 Minutes from the Board of Adjustment Meeting. Board member Wilson made a motion to approve the minutes from the December 14, 2017 Board of Adjustment Meeting. Board member Dietzman seconded the motion, which was approved unanimously. 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 items. 1. VAR17-06: A request by Steven Bakal with Solar Covered Parking for a Variance 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 North 53`d Avenue & West Gardenia Avenue (5309 West Gardenia Ave.) and is in the Ocotillo District. Staff Contact: Jeremy Underwood, Planner. January 11,2018 Board of Adjustment Minutes Page 2 Jeremy Underwood, Planner, stated this was a request by Steven Bakal with Solar Covered Parking for a Variance 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. He said that the site is located west of the southwest corner of North 53`d Avenue & West Gardenia Avenue and is in the Ocotillo District. He added the Variance is also for construction of an attached, covered patio structure with rooftop solar panels that would encroach within the minimum 15' perimeter setback. On October 11, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. Mr. Underwood said that neither the applicant nor planning staff received any responses regarding the request in the allotted response time. Mr. Underwood stated that staff's 'recommendation is that the Variance request appears to meet the findings. However, staff is requesting to strike stipulation number 2 regarding the aesthetics of the solar panels. After further consideration, staff decided that it was not related to the setback issue itself. 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 staff believes that the width of the lot creates a special circumstance not self-imposed by the property owner. The construction of a covered patio addition, commonly found at similar single-family residences, requires some level of relief. The surrounding neighborhood is developed with a variety of side-yard setbacks, many that do not meet the current R-2 perimeter minimum setbacks of 15.' 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 explained that the strict application of the Zoning Ordinance would limit the property to 15' perimeter setbacks and limit the buildable area of the property to a narrow 20' space in the center of the 50' wide lot. Several properties in the neighborhood have similar setbacks with similar covered patio areas as proposed by the applicant. 3. - The Variance requested is the minimum necessary to alleviate the property hardships. He said staff believes the requested 640 square foot attached, covered patio is the minimum necessary to construct a typically sized, feasible, single-family solar panel array. The attached patio addition will increase the lot coverage from the current 16% to 25%, which is substantially less than the 50% maximum allowed in the zoning district. January 11,2018 Board of Adjustment Minutes Page 3 4. Granting the Variance will not have a detrimental effect on the property, adjoining property,surrounding neighborhoods or the City in general. He said staff believes the requested addition of the patio area is consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. In conclusion, Mr. Underwood stated 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. Chairperson Feiner called for the applicant to make a presentation. Steven Bakal, applicant, stated he had nothing to add but will answer any questions the Board may have. He added that he holds two positions in this venture as he is a member of Green Homes and also holds an Arizona registered contractor's license. Chairperson Feiner asked the Board if they had any questions. Board member Cheshier asked if the patio cover was currently there. Mr. Bakal responded no. He said they were requesting to put a cover such as you would see in a supermarket parking lot. Board member Cheshier asked if this was going to be used to show others how to have panels like these on their properties. Mr. Bakal replied no. He said this was not being used for advertising purposes or demonstrations. Board member Cheshier had a question regarding the size. Mr. Underwood explained the size was approximately 640 squarefeet, with a lot size of 7,000 square feet, with dimensions of 50 x 140. Board member Cheshier also had questions regarding the encroachments within the minimum 15' perimeter setback. Mr. Underwood explained that all of the R-2 lots were non-conforming and the challenges they have with setbacks. Chairperson Feiner opened the public hearing, 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 5-1 vote. (Board member Cheshier voted Nay). January 11,2018 Board of Adjustment Minutes Page.4 Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 6-0 vote. Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 5-1 vote. (Board member Cheshier voted Nay). Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 5-1 vote. (Board member Cheshier voted Nay). Chairperson Feiner called for a motion. Vice Chair Zarra made a motion to approve this item subject to the two stipulations as noted in the staff report. Board member Dietzman seconded the motion, which was approved. (Board member Cheshier voted Nay). The motion passed. Chairperson Feiner called for any final comments from staff. Mr. Romney, Deputy City Attorney, stated anyone wishing to appeal this action would need to file a motion in Superior Court. 2. VAR17-07: A Variance request by Ken Cardini to allow a 5-feet street side yard setback where 10-feet is required in the R1-6 (Single-Family Residence) zoning district. The site is located in the northwest corner of 63rd Avenue and Port Au Prince Lane intersection, and addressed as 6302 West Port Royale Lane in the Sahuaro District. Staff Contact: Paul Whalen, Senior Planner. Paul Whalen, Senior Planner, stated this was a request by Ken Cardini to allow a 5-feet street side yard setback where 10-feet is required in the R1-6 zoning district. He said the site is located in the northwest corner of 63rd Avenue and Port Au Prince Lane intersection, in the Sahuaro District. Mr. Whalen stated that if approved,the applicant intends to remodel his home and add an RV garage. Mr. Whalen provided a brief summary of the property. He said the property, Lot 204 of the Daybreak Unit 5 Lots 190 — 249 subdivision was constructed in 1985; the applicant purchased the home in 2002 and has since improved the property. He added that this proposal is a continuation of his home improvement program. He explained further showing aerial map drawings. On September 22, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. Mr. Whalen said the applicant did not receive any response regarding the request. Planning also received no comments or responses regarding the request. January 11,2018 Board of Adjustment Minutes Page 5 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 staff believes that the odd shape or configuration of the lot creates a special circumstance not self-imposed by the property owner. However, the applicant, to continue his home improvement program, must now seek some level of relief to complete his vision for his property. In addition, the subject side yard is bounded by a 2-lane divided neighborhood collector street with substantial right-of- way area for landscape screening. 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 explained that the strict application of the Zoning Ordinance limiting the property to ten (10) foot side yard setbacks and the odd shaped lot prevents the applicant from improving his property common to other cul-de-sac lots as most similar cul-de-sac lots in the subdivision are larger and more rectangular in shape. 3. The Variance requested is the minimum necessary to alleviate the property hardships. He said staff believes the requested side setbacks are the minimum necessary to construct an oversized RV storage garage on the lot. He noted the lot size, the front and rear setbacks, maximum lot coverage, and minimum lot width and depth are in conformance with current R1-6 zoning requirements. 4. Granting the Variance will not have a detrimental effect on the property, adjoining - property, surrounding neighborhoods or the City in general. He said staff believes the building side yard setback reduction, and the proposed site improvements if properly screened with landscape plantings, should not detrimentally affect any neighboring properties. In conclusion, Mr. Whalen stated that staff's recommendation is that the Variance request appears to meet the findings; however, staff struggled with this case. He stated that if the Board decides to grant the Variance, it should be subject to the following stipulations as stated in the staff report, specifically number three. Chairperson Feiner asked for questions from the Board. January 11,2018 Board of Adjustment Minutes Page 6 Board member Martinez asked if this was a two-story house. Mr. Ken Cardini, applicant, replied no. Board member Martinez asked if it was a fair statement that he would be seeing a large RV if he were to pass by his house. Mr. Cardini said yes and added that there was also just 12 feet of dirt at the moment were he hopes to raise the block wall. Board member Martinez asked if they approve this Variance, will they be looking at a big building. Mr. Cardini replied yes. He said it would be instead of the big RV. Board member Cheshier asked what the height limit was. Mr. Whalen stated that it could go up to 30 feet. Board member Cheshier suggested a height limit stipulation. Mr. Whalen replied that he was not sure. Board members Cheshier and Martinez both noted a similar RV building on Union Hills and 67th that was an eyesore. Mr. Cardini noted that was actually a metal building. Board member Cheshier also noted the landscaping matter and who will monitor that, if not the City. Mr. Whalen stated those were legitimate concerns. Mr. Whalen noted that the applicant was willing to raise the perimeter wall. He said the City does allow for 8-foot walls and they will go through the design process for approval. Board member Cheshier asked how high the building height was. Mr. Cardini stated it was 19 feet. Board member Cheshier noted she had misunderstood and thought they had said 32 feet. Board member Dietzman asked what else the building will be used for. Mr. Cardini said just for parking for his vehicles since their cul-de-sac is very narrow. Vice Chair Zarra discussed where their property line was and the tree line. He said the applicant can't plant trees on property he does not own. Mr. Whalen stated there had been trees there before but either have been removed or have died. Board member Cheshier noted that possibly water had been the issue. Mr. Whalen agreed. He added that the applicant has to get on board to soften the street side for this to work and help mitigate those issues. There was no more discussion. Chairperson Feiner asked Mr. Cardini if he would like to make a presentation. Mr. Cardini responded no but will answer any additional questions the Board may have. Chairperson Feiner opened the public hearing, with no one wishing to speak, he closed the public hearing. Chairperson Feiner open the floor for discussion. January 11,2018 Board of Adjustment Minutes Page 7 Board member Cheshier stated that she had concerns and struggled with the size aspect. Vice Chair Zarra asked for a motion to go into Executive Session. Vice Chair Zarra made a motion to go into Executive Session. Board member Cheshier seconded the motion, which was approved unanimously. Board members back from Executive Session at 5:05 p.m. Chairperson Feiner asked if there were any further comments or procedure guidance. Mr. Romney asked if they would like to continue their discussion. Board member Martinez inquired as to the stipulations they discussed in order to approve this Variance. Mr. Jim Cronk, Interim Planning Director, noted they were welcome to add those stipulations when they make the motion. Vice Chair Zarra reiterated the landscaping issue, stating that the area was not on the applicant's property. Mr. Whalen stated the applicant would have to enter into a licensing agreement with the City regarding the landscaping. Mr. Romney explained that if entered into a City agreement regarding landscaping, the Variance would stay with the property. In addition, the City would have to agree to even enter into such agreement. Therefore,he would not add that as a stipulation. Based on the facts and evidence presented, Mr. Romney requested a vote from the Board. He read Finding One and waited as the Board responded. Finding One. Chairperson Feiner called for a voice vote on Finding One. The Board responded with a 2-4 vote. (Board members Martinez, Cheshier, voted Aye) (Vice Chair Zarra, Chair Feiner, Board members Dietzman,Wilson voted Nay). Mr. Romney stated that given the outcome of the first finding,the Variance cannot be granted. He added the Board can table this item for another time. Chairperson Feiner stated the Board's decision is to deny the Variance. He said that anyone wishing to appeal this action would need to file a motion in Superior Court. 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. January 11,2018 Board of Adjustment Minutes Page 8 PLANNING STAFF COMMENTS AND SUGGESTIONS There were none. NEXT MEETING: February 8, 2018 at 4:00 p.m. BOARD COMMENTS AND SUGGESTIONS There were none. ADJOURDMENT Vice Chair Zarra made a motion to adjourn the meeting. Board member Dietzman seconded the motion,which was approved unanimously. The meeting adjourned at approximately 5:20 p.m.