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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/9/2008 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, OCTOBER 9, 2008 7:00 P.M. In the absence of Chairperson Sandy Burrell, Vice Chairperson Hugh Leonardo presided over the meeting. Vice Chairperson Leonardo called the regular meeting to order at approximately 7:00 p.m. and explained the Board's policies and procedures. He then proceeded to conduct Roll Call with the following results: MEMBERS PRESENT: Hugh Leonardo, Vice Chairperson William Barker Jim Ligon Dan Lundberg Peter McCormick MEMBERS ABSENT: Sandy Burrell, Chairperson Al DeLossa CITY STAFF: Gam Emery, Deputy City Attorney Maryann Pickering, AICP, Zoning Administrator Peter Kulikowski, Associate Planner Lisa Hunt, Recording Secretary Vice Chairperson Leonardo called for Approval of the Minutes for the meeting on September 11, 2008. Boardmember Barker MADE a MOTION to APPROVE the minutes from the September 11, 2008, meeting. Boardmember Ligon SECONDED the MOTION. The motion passed unanimously. Vice Chairperson Leonardo asked staff if there were any requests for Withdrawals or Continuances. As there were none, he explained the public hearing procedures. AGENDA ITEM: 1. VAR08-10: A request by the City of Glendale Community Revitalization Department for a variance in the R-3 (Multiple Residence) zoning district to reduce both side-yard setbacks to 11 feet where 20 feet is required. The property is located at 6714 North 62nd Avenue. Staff Contact: Peter Kulikowski, Associate Planner(Ocotillo District). October 9,2008 Board of Adjustment Minutes Page 2 Mr. Peter Kulikowski, Associate Planner, presented the staff report. He stated that the variance request appears to meet the required four findings and should be recommended for approval subject to the following stipulations: 1. Development shall be in conformance with the site plan date-stamped August 18, 2008. 2. All mechanical equipment shall be ground mounted. 3. All utilities less than 69kv shall be placed underground. Vice Chairperson Hugh Leonardo called for questions from the Board. Boardmember William Barker asked for clarification on the setbacks. Mr. Kulikowski stated that the setbacks were 17 feet on the east side, seven or eight feet on the south side and 17 feet on the north. Boardmember Jim Ligon asked what the three structures were behind the property. Mr. Kulikowski stated that they were a multi-housing project. Boardmember Lundberg asked what the minimum that staff would require for safety purposes and if there were any disadvantages for fire purposes if the houses are too close. Mr. Kulikowski stated that Building Safety requires a minimum of three feet for fire and that this is mostly a zoning request for zoning purposes. Vice Chairperson Leonardo called for questions from the Board. As there were none, he called the applicant forward to make his presentation. Mr. Robert "Buz" Essel, Revitalization Coordinator, representing the applicant, Ms. Charyn Palmisano, Community Revitalization Department, stated that he was, obviously, in favor of this request and offered to answer any questions the Board may have. Vice Chairperson Leonardo called for questions from the Board. Boardmember Barker asked where the funding comes from for this program. Mr. Esse] stated that they come from City funds and that the City has been doing this for seven years now. He continued by stating that the house was uninhabitable and was being used for three adults, six children, not to mention the cats living under the structure, as well. Boardmember Barker asked how long the applicant had lived at this location. Mr. Peck stated that he has lived there for ten years. Vice Chairperson Leonardo asked for any additional comments from the Board. As there were none, he opened the floor for public comments. There were none; as a result, he closed the public hearing. October 9,2008 Board of Adjustment Minutes Page 3 Vice Chairperson Leonardo called for any other questions or discussions from the Board. The Board had none; therefore, he asked Mr. Gan Emery, Deputy City Attorney, to proceed with the findings. Based on the facts and evidence presented, Mr. Emery requested a voice vote from the Board. He then went on to ask the following questions and waited as the Board responded after each finding. Finding One: Does the Board find that there are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, which were not self-imposed by the owner? Vice Chairperson Leonardo called for a voice vote on the 1st finding. They responded with a 5-0 vote of"Aye". Finding Two: Does the Board find that 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? Vice Chairperson Leonardo called for a voice vote on the 2nd finding. They responded with a 5- 0 vote of"Aye". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? Vice Chairperson Leonardo called for a voice vote on the 3rd finding. They responded with a 5- 0 vote of"Aye". Finding Four: Does the Board find the granting of the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general? Vice Chairperson Leonardo called for a voice vote on the 4th finding. They responded with a 5-0 vote of"Aye". Mr. Emery asked that if based on the findings, does the Board wish to grant variance VAR08-10 subject to the site plan and floor plan date-stamped August 18, 2008, with the stipulations set forth by the Planning Department. Ms. Lisa Hunt polled the Board. They responded with a 5-0 vote of"Aye". Case No. VAR08-10 was APPROVED. Vice Chairperson Leonardo called for Other Business. Vice Chairperson Leonardo called for a voice vote requesting that the Board go into Executive Session for legal advice. They responded with a 5-0 vote of"Aye". The Board went into Executive Session at 7:19 p.m. October 9,2008 Board of Adjustment Minutes Page 4 The Board remained in the room during their Executive Session, as there were no others present. They returned at approximately 7:39 p.m. Vice Chairperson Leonardo called for any Other Business. Ms. Pickering requested that the Board vacate the November 13, 2008, meeting as there were no cases currently scheduled. Vice Chairperson Leonardo called for a voice vote. They responded with a 5-0 vote of"Aye". The November 13, 2008, meeting was VACATED. Vice Chairperson Leonardo called for the Planning Staff Report. Ms. Pickering reported that there were no items for December; therefore, the city would like to conduct a workshop/training session during their next meeting that would be held December 8, 2008, Vice Chairperson Leonardo asked what they would do if a case arrived before that time. Ms. Pickering stated that they could conduct the public hearing before or after the workshop. Vice Chairperson Leonardo called for Board Comments and Suggestions. As there were none, the meeting adjourned at 7:44 p.m, Lisa Hunt,Recording Secretary