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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 2/8/2018 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT CITY HALL COMPLEX CONFERENCE ROOM 2A FEBRUARY 8,2018 4:00 P.M. CALL TO ORDER The meeting was called to order at approximately 4:06 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, Thomas Ritz, Senior Planner and Cindy Gilchrist, Recording Secretary were present. PUBLIC ATTENDEES: Don and Randy Harbarger APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the January 11, 2018 Minutes from the Board of Adjustment Meeting. Vice Chair Zarra made a motion to approve the minutes from the January 11, 2018 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 staff's presentation on the public hearing items. 1. VAR17-10: Variance Application - Bustamante I - 6613 North 55th Avenue. This is a request by Carlos Bustamante; Wancho's Project/EZ Homes, Inc. to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 (Multiple Residence) zoning district. The site addressed as 6613 North 55th Avenue, is located north of the northeast corner of the Maryland Avenue and 55th Avenue intersection. Thomas Ritz, Senior Planner,presenting. February 8,2018 Board of Adjustment Minutes Page 2 Thomas Ritz, Senior Planner, stated this was a request by Carlos Bustamante; Wancho's Project / EZ Homes, Inc. to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 Multiple Residence zoning district. He said that if the variance is approved, the property owner plans to demolish the existing structures on the site and construct a new single-family home on the property. He added the lot is 7,000 square feet in size, 50 feet wide and 140 feet deep. He explained that the property currently has a single-family house on it, as well as a portion of a second single-family house on it. Both homes have been found to be unsafe, a public nuisance, and an imminent hazard. On September 19, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. Mr. Ritz stated the applicant did not receive any response regarding the request. Planning also received no comments or responses regarding the request. Mr. Ritz stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Ritz 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 new home requires some level of relief. He noted the surrounding neighborhood is developed with a variety of side-yard setbacks, many that do not meet the current R-3 perimeter setbacks. 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 twenty (20) foot side setbacks and limit the type of housing product due to total width. Several of the properties in the neighborhood have setbacks that are similar to those proposed by the applicant. 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 a typically sized single-family residential home on the lot. All other proposed development standards are in conformance with current R-3 zoning requirements. February 8,2018 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 building setbacks are consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. In conclusion, Mr. Ritz 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 asked the Board if they had any questions. Board member Cheshier asked for clarification on the setbacks. Mr. Ritz stated they were 20' perimeter setbacks on all sides. Chairperson Feiner called for the applicant to make a presentation. The applicant decided not to speak but was in the audience. Chairperson Feiner opened the public hearing. Randy Harbarger, speaker, residing at 6605 North 55th Avenue, Glendale, stated that she lived next door and would like to know if the setbacks were 10 or 20 feet. Mr. Ritz stated that this speaker's question was for the next item on the agenda for the property at 6609 North 55th Avenue. Ms. Harbarger asked for a wall to be put up before they start construction. She stated they have a real problem with roaches and mice since that property has been abandoned for a while. Therefore, she believes it will get much worse when they start knocking walls down. She also asked about the height of the wall because of her concerns with noise from the residence being in such close proximity. Mr. Ritz noted that the applicant is here to hear concerns regarding rodent and insect control to be done prior construction. Ms. Harbarger reiterated her suggestion for a wall to be put up prior to construction. She also expressed her concerns with the dust flying around from such old houses being torn down. Mr. Ritz stated the applicant will have to address those concerns in his closing comments. Board member Cheshier stated this speaker's concerns will be heard and addressed at the next variance case coming up. Chairperson Feiner agreed and added that at the next case, there will be time for her comments and he will call on her shortly. Chairperson Feiner closed the public hearing. Chairperson Feiner asked if there were any further comments or procedure guidance. February 8,2018 Board of Adjustment Minutes Page 4 Attorney Romney stated he would like to add a note about demolition permit. He stated that any applicant will have to obtain a demolition permit. However, that is not under the purview of this Board. Nonetheless, the applicant will have to apply for the required demolition permits and, in this case, it will likely include asbestos preventative measures. 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 6-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 5-0 vote. (Martinez-abstained) Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 6-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 6-0 vote. Chairperson Feiner called for a motion. Vice Chair Zarra made a motion to approve this item subject to the stipulations as noted in the staff report. Board member Martinez seconded the motion,which was approved unanimously. 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. VAR17-11: A Variance Application-Bustamante II- 6609 North 55th Avenue. This is a request by Carlos Bustamante; Wancho's Project/EZ Homes, Inc. to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 (Multiple Residence) zoning district. The site addressed as 6609 North 55th Avenue, is located north of the northeast corner of the Maryland Avenue and 55th Avenue intersection. Thomas Ritz, Senior Planner, presenting. February 8,2018 Board of Adjustment Minutes Page 5 Thomas Ritz, Senior Planner, stated this was a request by Carlos Bustamante; Wancho's Project / EZ Homes, Inc. to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 Multiple Residence zoning district. If the variance is approved, the property owner plans to demolish the existing structure on the site and construct a new single-family home on the property. He said the lot is 7,000 square feet in size, 50 feet wide and 140 feet deep. He noted the property currently has a portion of a single-family house on it. He noted the home has been found to be unsafe, a public nuisance, and an imminent hazard. On September 19, 2017, the applicant mailed notification letters to adjacent property ,owners and interested parties. Mr. Ritz stated the applicant received a phone call from the adjacent neighbor to the south asking about the distance the new structure would be from the property line. He said the applicant explained the distance from the property line would be 10 feet and e-mailed a copy of the site plan to the neighbor. Mr. Ritz stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Ritz 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 new home requires some level of relief. He said the surrounding neighborhood is developed with a variety of side-yard setbacks, many that do not meet the current R-3 perimeter setbacks. 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 twenty (20) foot side setbacks and limit the type of housing product due to total width. Several of the properties in the neighborhood have setbacks that are similar to those proposed by the applicant. 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 a typically sized single-family residential home on the lot. All other proposed development standards are in conformance with current R-3 zoning requirements. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general. February 8,2018 Board of Adjustment Minutes Page 6 He said staff believes the requested building setbacks are consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. In conclusion, Mr. Ritz stated that staff's recommendation is that the variance request appears to meet the findings and should be approved. Chairperson Feiner asked for questions from the Board. Chairperson Feiner asked if the applicant would like to make a presentation. The applicant did not wish to speak. Board member Cheshier asked if the applicant was available to answer questions. Chairperson Feiner stated that once the public hearing was open, the applicant was free to respond to questions. Chairperson Feiner opened the public hearing. Randy Harbarger, speaker, residing 6605 North 55th Avenue, Glendale, stated she has lived at her residence all her life and is a neighbor to the applicant property. She said she was very grateful to the applicant for his proposed development, however, was very concerned with the dust, bugs and rodents that will be let loose once construction begins. She noted that she has 6 children that she was concerned about. She is requesting that a brick wall be built and be a certain height in order to keep critters out of her property. Chairperson Feiner thanked Ms. Harbarger for her comments, however, he said that request was outside of what the Board can address. Board member Cheshier noted that the Board can add a stipulation regarding this issue. She asked the applicant if he will be building both homes at the same time. Mr. Bustamante replied that most likely at the same time,possibly within months of each other. Board member Cheshier asked if he would be willing to agree to add a stipulation to build a wall prior to demolition. Mr. Bustamante noted that he can possibly build a 6-foot wall. Vice Chair Zarra asked Mr. Bustamante if he had intended to build a wall prior to being asked. Mr. Bustamante explained that he had not thought about a wall at this time,however, at some point he would like to build one since this was going to be a nice property. But he was not thinking of making that decision now. Chairperson Feiner asked for guidance from attorney. Mr. Romney stated that the Board can make recommendations on this variance. He said this issue was outside the site plan therefore a recommendation only can be permitted. He explained that the applicant was not contractually bound by this recommendation. February 8,2018 Board of Adjustment Minutes Page 7 Board member Martinez asked if there was a wall there now. Ms. Harbarger replied no. She said that was the reason for all the mice and noise now. Chairperson Feiner closed the public hearing. 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 6-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 5-0 vote. (Martinez—abstained) Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 6-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 6-0 vote. Chairperson Feiner called for any final comments from staff. There were none. Chairperson Feiner called for a motion. Board member Cheshier made a motion to approve this item subject to the stipulations as noted in the staff report and with an added recommendation that a 6' block wall be erected prior to demolition. Board member Dietzman seconded the motion,which was approved unanimously. The motion passed. Chairperson Feiner called for any final comments from staff. Board member Martinez commented that he was taken back by the additional talk about adding the wall recommendation. He thanked Mr. Bustamante for being so cooperative and agreeable to this suggestion. He hopes both neighbors can work together. He hopes Ms. Harbarger knows that Mr. Bustamante has granted her a gift. Board member Cheshier also thanked Mr. Bustamante. Chairperson Feiner stated that this motion has passed subject to stipulations in the staff report with an added recommendation that a 6-fo6t block wall be erected on the southside prior to demolition. Mr. Romney, Deputy City Attorney, stated anyone wishing to appeal this action would need to file a motion in Superior Court. Chairperson Feiner called for the next order of business. February 8,2018 Board of Adjustment Minutes Page 8 OTHER BUSINESS FROM THE FLOOR There was none. PLANNING STAFF COMMENTS AND SUGGESTIONS There were none. NEXT MEETING: March 8, 2018 at 4:00 p.m. BOARD COMMENTS AND SUGGESTIONS There were none. ADJOURNMENT Board member Wilson made a motion to adjourn the-meeting. Vice Chair Zarra seconded the motion,which was approved unanimously. The meeting adjourned at 4:45 p.m.