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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 6/13/2013 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JUNE 13,2013 4:00 P.M. CALL TO ORDER The meeting was called to order at approximately 4:00 pm. II. ROLL CALL Board members Toops, Padia, and Garland, and Vice Chairperson Cheshier and Chairperson Blake were in attendance. Board member Galbavy was absent. City Staff: Jon Froke, AICP, Planning Director, Remigio Cordero, Planner, Russ Romney, Deputy City Attorney, Council member Sherwood (Sahuaro District), Diana Figueroa, Recording Secretary. I>I. APPROVAL OF MINUTES Chairperson Blake called for a motion regarding the Minutes from the April 11, 2013, Regular Meeting. Vice Chairperson Cheshier made a MOTION to APPROVE the minutes from the April 11, 2013, Regular Meeting as written. Board member Garland SECONDED the motion,which was UNANIMOUSLY APPROVED. IV. WITHDRAWALS AND CONTINUANCES Chairperson Blake asked staff if there were any requests for Withdrawals or Continuances. There were none. V. PUBLIC HEARING ITEM VAR13-03: A request by Dennis Killebrew, representing the property owner Emily Ingersoll, for a variance to reduce the side yard setback to 19 feet where 50 feet is required and to increase the lot coverage to 30% where 10% is required in the A-1 (Agricultural) zoning district. The site is located east of the northeast corner of 63rd Avenue and Monte Cristo avenues (6210 West Monte Cristo Avenue). Staff Contact: Remigio Cordero, Planner (The site is located in the Sahuaro District). City of Glendale Planning • 5850 West Glendale Avenue,Suite 212•Glendale,AZ 85301-2599 • (623)930-2800 www.glendaleaz.com June 13,2013 Board of Adjustment Agenda Page 2 Mr. Remigio Cordero, Planner, began his presentation by stating VAR13-03 is a request by the property owner Emily Ingersoll represented by Dennis Killebrew for the property located at 6210 West Monte Cristo Avenue. The applicant is requesting variances in the A-1 (Agricultural) zoning district to reduce the side yard setback to 19 feet where 50 feet is required and to increase the lot coverage to 30% where 10% is required in the A-1 (Agricultural) zoning district. He said the property is located west of the northwest corner of 63rd Avenue and Monte Cristo Avenue. The property is approximately 18,854 square feet in size. The applicant is requesting a variance to decrease the side yard setback and to increase the lot coverage to construct a room addition to an existing single family residence. If approved, the property owner can proceed to apply for building permits with the Community and Economic Development Department for construction. Mr. Cordero continued by stating on April 8, 2013 the applicant mailed 64 notification letters to adjacent property owners and interested parties. The applicant did not receive any response regarding the request. Planning did not receive any responses regarding the request. He said there are special circumstances or conditions applicable to the property including its size, shape, topography, location, or surroundings, which were not self-imposed by the owner. The A-1 zoning district requires 40 acres minimum net lot area, a maximum lot coverage of 10% and a 50 foot minimum side yard setback. The property is a legal non- conforming lot with a lot area of approximately 18,854 square feet and a width of 96 feet. Currently the residence is 1,826 square feet in size with a lot coverage of 9.8%. The existing side yard setbacks are 19 feet, which is within the 50 foot setback requirement. The size and width of the lot are special circumstances not self-imposed by the property owner. Due to the special circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other properties of the same classification the same zoning district; The strict application of the Zoning Ordinance limits the property to 50 foot side yard setbacks. Currently the width of the lot is 96 feet and a 50 side yard setback requirement would eliminate the property owner's proposal of room addition to the existing home. The lot coverage on this property is currently at the maximum lot coverage allotment for the A-1 zoning district. Several of the properties in the neighborhood have setbacks and lot coverage's that are similar to those being proposed. June 13,2013 Board of Adjustment Agenda Page 3 Mr. Cordero said the variance is the minimum necessary to alleviate the property hardship and is the minimum necessary to accomplish the property owner's objective to construct their proposed room addition. Granting the variance will not have a detrimental effect on the property, adjoining property,the surrounding neighborhood, or the city in general. Increasing the lot coverage and decreasing the side yard setback is consistent with the developed properties in the area and does not appear to be detrimental to the surrounding neighborhood or the City. There are similar additions and structures that were constructed within the neighborhood that have setbacks and lot coverage that are similar to the applicant's request. He concluded by stating 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 stipulation: 1. Development shall be in conformance with applicable site plan date-stamped April 9, 2013. Mr. Cordero stated he was available for questions. Chairperson Blake asked if the Board had any questions. Commissioner Garland asked if the property should be conforming before this variance is discussed. Mr. Romney said the property is legal non-conforming. Mr. Froke added that in 1993 the City Council approved a comprehensive update of the General Plan which changed the intent of the A-1 Zoning District. The minimum lot size was changed from forty acres to one acre. This was done to encourage the use of A-1 Zoned properties for agricultural purposes. Mr. Dennis Killebrew, applicant, introduced himself and said he was in agreement with staff's presentation. He said he was available for questions. Chairperson Blake opened the public hearing. With no one wishing to comment, Chairperson Blake closed the public hearing. Chairperson Blake called on Mr. Russ Romney, Deputy City Attorney. 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. June 13,2013 Board of Adjustment Agenda Page 4 Finding One. Chairperson Blake called for a voice vote on Finding One. The Board responded with a 5 —0 vote in favor. Finding Two. Chairperson Blake called for a voice vote on Finding Two. The Board responded with a 4— 1 (Garland) vote in favor. Finding Three. Chairperson Blake called for a voice vote on Finding Three. The Board responded with a 4 to 1 (Garland)vote in favor. Finding Four. Chairperson Blake called for a voice vote on Finding Four. The Board responded with a 5 —0 vote in favor. Mr. Romney asked that if based upon these findings, does the Board wish to grant a variance on VAR13-03, subject to the stipulation as set forth by Planning. Chairperson Blake called for a motion. Board member Toops MADE a MOTION to APPROVE VAR13-03 subject to the stipulation in the staff report. Board member Padia SECONDED the MOTION. The MOTION was APPROVED with a vote of 4 to 1 (Garland). VI. OTHER BUSINESS FROM THE FLOOR Chairperson Blake asked staff if there was other business from the floor. There was none. VII. PLANNING STAFF COMMENTS AND SUGGESTIONS Chairperson Blake asked staff if there were any planning staff comments or suggestions. Mr. Froke announced that the Board vacancy will be filled by the next meeting. He also noted there would be a training workshop sometime in the fall. VIII. BOARD COMMENTS AND SUGGESTIONS Chairperson Blake asked the Board if there were any comments or suggestions. He stated this is Vice Chairperson Cheshier's last meeting as her term has expired. He thanked her for her dedication to the Board. Vice Chairperson Cheshier thanked city staff. ADJOURNMENT With no further business, the meeting was adjourned at approximately 4:27 pm.