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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 5/10/2012 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, MAY 10, 2012 6:00 P.M. CALL TO ORDER The meeting was called to order at approximately 6:10 pm. II. ROLL CALL Board members Bethel, Mander, Mendez, Galbavy, Vice Chairperson Cheshier and Chairperson Blake were in attendance. City Staff: Tabitha Perry, Assistant Planning Director, Remigio Cordero, Planner, Paul Li, Assistant City Attorney, Diana Figueroa, Recording Secretary III. APPROVAL OF MINUTES Chairperson Blake called for a motion regarding the Minutes from the March 8, 2012 Workshop, the March 8, 2012 Regular Meeting, and the April 12, 2012 Regular Meeting. Board member Bethel made a MOTION to APPROVE the minutes from the March 8, 2012 Workshop as written. Vice Chairperson Cheshier SECONDED the motion, which was UNANIMOUSLY APPROVED.. Board member Bethel made a MOTION to APPROVE the minutes from the March 8, 2012 Regular Meeting as written. Vice Chairperson Cheshier SECONDED the motion, which was UNANIMOUSLY APPROVED. Board member Bethel made a MOTION to APPROVE the minutes from the April 12, 2012 Regular Meeting as written. Board member Mander SECONDED the motion, which was UNANIMOUSLY APPROVED. IV. WITHDRAWALS AND CONTINUANCES Chairperson Blake asked staff if there were any requests for Withdrawals or Continuances. 1. VAR12-04: A request by Earl, Curley, and Lagarde P.C., representing Advanced Pain Solutions Inc., to reduce the separation requirement from a medical marijuana dispensary to a residentially zoned property to 425 feet where a minimum of 500 feet is required and to reduce the separation requirement from a school to 1,263 feet where 1,320 feet is required in the C-2 (General Commercial) zoning district. The site is located west of the City of Glendale Planning Department•5850 West Glendale Avenue,Suite 212•Glendale,AZ 85301-2599•(623)930-2800 www.glendaleaz.com May 10,2012 Board of Adjustment Agenda Page 2 northwest corner of 43r1 Avenue and Peoria Avenue (4416 West Peoria Avenue). Staff Contact: Remigio Cordero, Planner (Barrel District). THIS APPLICATION WAS WITHDRAWN BY APPLICANT. Ms. Perry stated this item was withdrawn by the applicant. Chairperson Blake asked if a reason was provided by the applicant. Ms. Perry stated she has no further information. V. PUBLIC HEARING ITEMS 2. VAR12-01: A request by D. Craig Walling, to reduce the rear yard setback to 25 feet where 30 feet is required and reduce the south side yard setback to 10 feet where 15 feet is required in the SR-17 (Suburban Residence) zoning district. The site is located west of the southwest corner of 77th Avenue and Wagoner Road (18416 North 78th Drive). Staff Contact: Remigio Cordero, Planner (Sahuaro District). Remigio Cordero, Planner, presented this request. Mr. Cordero stated this is a request to reduce the rear yard setback to 25 feet where 30 feet is required and to reduce the south side yard setback to 10 feet where 15 feet is required in the SR-17 (Suburban Residence) zoning district. He said the property is located west of the southwest corner of 77th Avenue and Wagoner Road and the lot size is approximately 18,939 square feet in size. Mr. Cordero explained the property is part of the Hidden Manor 3 subdivision, which was platted in Maricopa County in August 1977. He said the property was annex into the city on December 26, 1979. The home was built in 1983. Mr. Cordero said the applicant mailed notification letters to adjacent property owners and interested parties on January 30, 2012. He did not receive any response regarding the request. Mr. Cordero addressed the findings as listed in the staff report. With regarding to the first finding, there are special circumstances applicable to this property relative to the angled property line. With respect to the second finding, the strict application of the Zoning Ordinance would deprive the property owner of his proposal even though there are other properties with accessory buildings constructed in Hidden Manor. He said the property is adequate in size to meet the required side and rear yard setbacks for the proposed attached garage. The SR-17 zoning district is less restrictive on setbacks for accessory structures. Mr. Cordero addressed finding three and said the variance is the minimum necessary to alleviate a property hardship. Addressing finding four, Mr. Cordero said the building setbacks are consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. May 10,2012 Board of Adjustment Agenda Page 3 He said other properties throughout the neighborhood that have setbacks less than what the applicant is proposing. The 1983 Zoning Ordinance development standards for the SR-17 zoning district were 25 feet for the rear yard and 10 feet for the side yard, which is what the applicant is requesting. These properties were developed prior to the current zoning ordinance being enacted in 1993. Mr. Cordero stated he was available for questions. Chairperson Blake called for questions from the Board. Board member Bethel asked if staff contacted Ms. Garland to expand on her email. Mr. Cordero said yes, but no response was received from Ms. Garland. Vice Chairperson Cheshier asked for more information regarding the comment that the SR-17 is less restrictive. Mr. Cordero said less restrictive meant if this were an accessory structure the applicant would be allowed smaller setbacks. The applicant's HOA does not allow accessory structure hence the applicant is asking for an attached structure. Vice Chairperson Cheshier verified this structure is attached. Mr. Cordero said yes. Chairperson Blake asked if the existing patio is covered. Mr. Cordero said yes. Chairperson Blake called for the applicant. D. Craig Walling, 18416 North 78th Drive, introduced himself and stated the attachment is a freestanding garage with a breezeway to meet the HOA criteria. He said staff's report is thorough and complete and he has nothing to add. Vice Chairperson Cheshier asked the applicant if he tried to contact Ms. Garland. She asked for Ms. Garland's home address, which staff provided. Chairperson Blake opened the public hearing. With no one wishing to comment, Chairperson Blake closed the public hearing. Chairperson Blake called on Mr. Li. Based on the facts and evidence presented, Mr. Li requested a vote from the Board. He read each finding and waited as the Board responded. Finding One. Chairperson Blake called for a voice vote on Finding One. The Board responded with a 6—0 vote in favor. Finding Two. Chairperson Blake called for a voice vote on Finding Two. The Board responded with a 6—0 vote in favor. May 10,2012 Board of Adjustment Agenda Page 4 Finding Three. Chairperson Blake called for a voice vote on Finding Three. The Board responded with a 6 to 0 vote in favor. Finding Four. Chairperson Blake called for a voice vote on Finding Four. The Board responded with a 6—0 vote in favor. Mr. Li asked that if based upon these findings, does the Board wish to grant a variance on VAR12-01 subject to the stipulations as set forth by the Planning Department. Chairperson Blake called for a motion. Board member Mander MADE a MOTION to APPROVE VAR12-01 subject to the stipulations in the staff report. Vice Chairperson Cheshire SECONDED the MOTION. The MOTION was APPROVED with a vote of 6 to 0. 3. VAR12-03: A request by William Topar to increase the wall height to eight feet where six feet is permitted in the R1-6 (Single Residence) zoning district. The site is located at the southeast corner of 47th Avenue and Olive Avenue (4664 West Puget Avenue). Staff Contact: Remigio Cordero, Planner (Cactus District). Remigio Cordero, Planner, presented this item. Mr. Cordero said this is a request to increase the wall height to 8 feet where 6 feet is permitted in the R1-6 (Single Residence) zoning district. He said the property is located on the southeast corner of 47th and Olive avenues. He said the property is irregular shaped and is approximately 14,941 square feet in size. The applicant mailed notification letters to adjacent property owners and interested parties on March 27, 2012. The applicant received one letter from a nearby neighbor stating their support of the request. The Planning Department received one email response in support of the applicant's request indicating the applicant has a hardship due to the close proximity to an adjacent commercial property. Mr. Cordero addressed the four findings. He indicated there are special circumstances with the property's location which is not self imposed. The property is located on the corner of a major arterial street and a collector street. The use to the west of the property is a commercial use. The amount of the vehicular traffic and pedestrian traffic generated by the commercial use creates privacy issues for the applicant. With respect to the second finding, the strict application of the Zoning Ordinance would limit the property to a six foot high masonry wall on the 47th Avenue rear property line. The ordinances states that a residential property's rear and side wall shall exceed no higher than 6 feet in height, except when facing an arterial, the wall shall be increased to 8 feet. Although the applicant's property is not abutting the commercially zoned property it is located directly across the street. May 10,2012 Board of Adjustment Agenda Page 5 Mr. Cordero continued with finding three. He said the variance is the minimum necessary to alleviate the property hardship of being located on the corner of a major arterial and across from a commercial shopping center. The height increase will provide an additional buffer from pedestrian activities and on-going traffic. With regard to finding four, Mr. Cordero said increasing the wall height to 8 feet will not have a detrimental effect on the surrounding neighborhood. The variance will allow uniformity in the wall height which will be similar to other walls in the area. He stated he was available for questions. Chairperson Blake called for questions from the Board. Board member Bethel asked for clarification on the special circumstance determined by staff He asked if the owner purchased the property knowing it is located on two busy streets. Mr. Cordero said the special circumstance is it is located on a major arterial and a collector street. He deferred the second question to the applicant. Board member Bethel asked if the previous owner had requested this variance, would that right transfer to the current owner. Mr. Li said approval of any variance is granted to a property not a person. Vice Chairperson Cheshier asked if the proposed wall would match the height of the existing wall along Olive Avenue. Mr. Cordero said yes. Board member Mendez asked if the wall currently is six feet high along 47th Avenue. Mr. Cordero said yes. Property owners along 47th Avenue would need to request a variance if they choose to increase the height of their walls. Chairperson Blake said this request would provide some continuity in appearance for the property located directly on a corner. He asked if construction of this wall would protect the home from the commercial lighting and signs to the west. Mr. Cordero deferred this to the applicant. Board member Bethel asked for clarification regarding the letter from Ms. Sprink. Mr. Cordero said staff has not spoken with Ms. Spink. Chairperson Blake called for the applicant. William Topar, 4664 West Puget Avenue, stated although he is the second owner of this property, he is the first resident. Mr. Topar stated he has seen the increase in commercial activity as well as pedestrian activity to and from Apollo High School. He described how he has tried to minimize the invasion of privacy with eucalyptus trees and oleander bushes. In additional, he explained the noise from emergency vehicles headed toward the care home south of his home. He also described the signage on the property across 47th Avenue to the west. May 10,2012 Board of Adjustment Agenda Page 6 Because of the high traffic along Olive and 47th avenues, there have been approximately eight incidents of vehicles hitting his block wall. He distributed pictures of the latest two incidents, one of which occurred February 2012. He said he would be happy to answer any questions. Chairperson Blake opened the public hearing. With no one wishing to speak, Chairperson Blake closed the public hearing. Board member Mander stated he is in favor of this variance. Board member Mendez stated it is always important to support property owners in this area. She has witnessed the tremendous growth in this area as well. She stated she is in favor of granting this variance request. Chairperson Blake called on Mr. Li. Based on the facts and evidence presented, Mr. Li requested a vote from the Board. He read each finding and waited as the Board responded. Finding One. Chairperson Blake called for a voice vote on Finding One. The Board responded with a 6—0 vote in favor. Finding Two. Chairperson Blake called for a voice vote on Finding Two. The Board responded with a 6—0 vote in favor. Finding Three. Chairperson Blake called for a voice vote on Finding Three. The Board responded with a 6 to 0 vote in favor. Finding Four. Chairperson Blake called for a voice vote on Finding Four. The Board responded with a 6—0 vote in favor. Mr. Li asked that if based upon these findings, does the Board wish to grant a variance on VAR12-03 subject to the stipulations as set forth by the Planning Department. Chairperson Blake called for a motion. Board member Bethel MADE a MOTION to APPROVE VAR12-03 subject to the stipulations in the staff report. Board member Mander SECONDED the MOTION. The MOTION was APPROVED with a vote of 6 to 0. VI. OTHER BUSINESS FROM THE FLOOR Chairperson Blake asked staff if there was business from the floor. There was none. May 10,2012 Board of Adjustment Agenda Page 7 VII. PLANNING STAFF COMMENTS AND SUGGESTIONS Chairperson Blake asked staff if there were any comments or suggestions. There were none. VIII. BOARD COMMENTS AND SUGGESTIONS Chairperson Blake asked the Board if there were any comments or suggestions. Vice Chairperson Cheshier welcomed new Board member Jessica Galbavy. Mr. Li stated he has accepted a position with a nearby municipality. He thanked the Board for their dedication. ADJOURNMENT With no further business, the meeting was adjourned at approximately 6:55 pm. The next Board of Adjustment meeting is scheduled for June 14, 2012. Respectfully submitted, eta_ te` Diana Figueroa, Recor. ' Secretary