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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/8/2011 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, DECEMBER 8,2011 6:00 P.M. I. CALL TO ORDER The meeting was called to order at approximately 6:00 p.m. II. ROLL CALL Board Members Present: Chairperson Bert Schwind (Yucca), Vice Chair Jeff Blake (Mayoral), Cathy Cheshier(Cholla), Ryan Mander(Cactus), Jack Bethel (Barrel) Board Members Absent: Douglas Berg (Sahuaro), Sandra Mendez (Ocotillo) City Staff: Bill Luttrell, Senior Planner, Karen Stovall, Senior Planner, Remigio Cordero, Planner, Christopher Ferreira, Planning Intern, Paul Li, Assistant City Attorney, Diana Figueroa, Recording Secretary III. APPROVAL OF MINUTES: Chairperson Schwind called for a MOTION regarding the Minutes from the Regular Meeting of September 8, 2011. Board member Bethel made a MOTION to APPROVE the minutes as written. Board member Mander SECONDED the MOTION, which was approved 5 to 0. Chairperson Schwind called for a MOTION regarding the Minutes of the Training Session of October 13, 2011. Board member Mander made a MOTION to APPROVE the minutes as written. Board member Bethel SECONDED the MOTION, which was approved 5 to 0. IV. WITHDRAWALS AND CONTINUANCES Chairperson Schwind asked staff if there were any requests for Withdrawals or Continuances. There were none. V. PUBLIC HEARING ITEMS: Chairperson Schwind called for the Public Hearing item. VAR11-05: A request by Mark Lewis, representing John and Julia Philbrick, to reduce the rear yard setback to 7 feet where 16 feet is required in the December 8,2011 Board of Adjustment Minutes Page 2 R1-6 PRD (Single Residence, Planned Residential Development) zoning district. The site is located at the south of the southwest corner of 58th Avenue and Arrowhead Lakes Drive (21542 North 58th Avenue). Staff Contact: Remigio Cordero, Planner (Cholla District). Mr. Cordero stated this request to reduce the rear yard setback to seven feet. He said the property is located south of the southwest corner of 58th Avenue and Arrowhead Lakes Drive at 21542 North 58th Avenue. He said the property is approximately 9,100 square feet in size and is zoned R1-6. Mr. Cordero noted the odd shape of the lot is creating a hardship. Mr. Cordero said the applicant is requesting a variance in order to construct a 350 square foot attached patio. Mr. Cordero included by stating the request appears to meet all four findings and should be approved with the stipulations in the staff report. Chair Schwind called for questions from the Board. Board member Bethel questioned the zoning of the property. Mr. Cordero explained the property was platted in 1985; however, the PRD was never recorded by the developer. In response to a question from Board member Cheshier, Mr. Cordero clarified the proposed size of the patio was 350 square feet and will extend beyond the existing patio. Board member Bethel expressed his concern with the close proximity of the patio to the lake. Mr. Cordero stated that staff has reviewed the site plan with regard to the setbacks. He added at the time of plan submittal, a city civil engineer will review the plans. Chair Schwind called for the applicant's presentation. Mr. Mark Lewis, 4037 West Blackhawk, representing the applicant, introduced himself and stated he was available for questions. Board member Mander asked if there would be a fence or wall. Mr. Lewis explained there is an existing wall. He added the footing will actually be placed approximately 36 inches deeper to support the proposed patio. Vice Chair Blake questioned the wall. Mr. Lewis stated the wall is approximately five feet from the lake's edge. The wall is approximately 8"thick. Board member Cheshier asked if this would be designed with an engineer. Mr. Lewis said yes. Chair Schwind opened the public hearing. With no one wishing to speak, Chair Schwind closed the public hearing. December 8,2011 Board of Adjustment Minutes Page 3 Chair Schwind called for any other questions or discussions from the Board. The Board had no questions; therefore, he asked Mr. Paul Li, Assistant City Attorney, to proceed with the findings. Finding One. Chair Schwind called for a voice vote on Finding One. The Board responded with a 5—0 vote of"Aye". Finding Two. Chair Schwind called for a voice vote on Finding Two. The Board responded with a 5—0 vote of"Aye". Finding Three. Chair Schwind called for a voice vote on Finding Three. The Board responded with a 5—0 vote of"Aye". Finding Four. Chair Schwind called for a voice vote on Finding Four. The Board responded with a 5—0 vote of"Aye". Board member Blake made a MOTION to APPROVE VAR11-05 with the stipulations as noted in the staff report. Board member Cheshier seconded the MOTION. Board members Bethel and Mander expressed their concern with the structure's proximity to the lake. Board member Cheshier was also concerned about how close the patio would be to the lake. Mr. Cordero stated the city has a structural engineer. When the applicant submits his plans, one of the city's plans examiners will review the plans. Mr. Li asked that if based upon these findings, does the Board wish to grant a variance on VAR11-05 subject to the stipulations as set forth by the Planning Department. Board member Cheshier stated she is in favor of the request as she felt it met all four findings. In addition, staff is in support of this request and there has been no opposition from the neighborhood. Board member Mander was in favor of the four findings but expressed some concern. Chair Schwind polled the Board. They responded with a 5 —0 vote of"Aye". Case No. VAR11-05 was APPROVED 5 to 0. VI. OTHER BUSINESS FROM THE FLOOR: Chairperson Schwind called for Other Business. There was none. December 8,2011 Board of Adjustment Minutes Page 4 VII. PLANNING STAFF REPORT: Chairperson Schwind called for Staff Report. There was none. VIII. BOARD COMMENTS AND SUGGESTIONS: Chairperson Schwind called for Board Comments and Suggestions. Board member Cheshier would like to discuss the possibility of changing the time the Board meets. Mr. Luttrell stated this item will be added to a future agenda. Chairperson Schwind stated he must resign from the Board of Adjustment due to medical conditions. The Board members wished him well. IX. ADJOURNMENT: With no further business, the meeting adjourned at approximately 6:50 p.m. The next meeting is scheduled for January 12, 2012. Respectfully Submitted, OtaA‘. Diana Figueroa, Rec g Secretary