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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/9/2014 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JANUARY 9, 2014 4:00 P.M. I. CALL TO ORDER The meeting was called to order at approximately 4:05 p.m. II. ROLL CALL Board members Toops, Padia, Vescio, Vice Chairperson Garland and Chairperson Blake were in attendance. No board members were absent. City Staff Tabitha Perry, Assistant Planning Director, Remigio Cordero, Planner, Russ Romney, Deputy City Attorney and Suzie Ricard, Administrative Assistant III. APPROVAL OF THE MINUTES Chairperson Blake called for a motion regarding the minutes from the November 14, 2013 Regular Meeting. Vice Chairperson Garland made a MOTION to Approve the November 14, 2013 minutes as written. Board member Padia SECONDED the motion. IV. WITHDRAWALS AND CONTINUANCES Chairperson Blake asked staff if there were any requests for Withdrawals or Continuances. There were none. V. PUBLIC HEARING ITEMS VAR13-07: A request by Robert Gomez, Architect, A.I.A, representing Jose Orozco, for a Variance to reduce the side yard setback to 5 feet where 15 feet is required in the M-1 (Light Industrial) zoning district. The site is located north of the northeast corner of 58th Avenue and McLellan Road (6609 North 58th Avenue). This site is located in the Ocotillo District. Staff Contact: Remigio Cordero, Planner. Mr. Remigio Cordero, Planner, began his presentation by stating VAR13-07 is a request by Robert Gomez, Architect, A.I.A, representing Jose Orozco, for a Variance to reduce the side yard January 9,2014 Board of Adjustment Minutes Page 2 setback to 5 feet where 15 feet is required in the M-1 (Light Industrial) zoning district. The site is located north of the northeast corner of 58th Avenue and McLellan Road (6609 North 58th Avenue). The property is a rectangular shaped lot that is approximately 7,000 square feet in size. He said the property is currently vacant and is part of the Glendale Blocks Subdivision, which was platted in 1920. Mr. Cordero reviewed each of the four findings: 1. 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; A width of the lot creates a special circumstance not self-imposed by the property owner. The lot width is 50 feet wide and the 15 foot setback requirement makes this lot difficult for development and would limit the product of the building on the property. A required side yard setback of 15 feet from the side would make it difficult for adequate onsite circulation for vehicles to enter into the truck storage building. The requested side setback of five feet from the south property line would allow this proposed building relief to accommodate additional development standards that are required from other reviewing departments. 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; The strict application of the Zoning Ordinance would limit the property to 15 foot side yard setbacks and limit construction of a building on this property due to the current width of the lot being 50 feet. The majority 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; and The request side yard setback is the minimum necessary to construct a truck storage building. The front, rear, north side setbacks and lot coverage are in conformance with current development standards in the M-1 zoning district. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general. The requested building setback is consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. There are other properties throughout this industrial subdivision that have setbacks less than the applicant's January 9,2014 Board of Adjustment Minutes Page 3 proposal. These properties were developed prior to the current zoning ordinance being enacted in 1993. Prior to 1993, side and rear setbacks were not required for buildings in industrial districts unless it was adjacent to residentially zoned properties. Mr. Cordero stated 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 listed in the staff report. He concluded his presentation and stated he was available for questions. Chairperson Blake asked if the board had any questions. Vice Chairperson Garland asked if these properties were once zoned residential in 1990. Mr. Cordero replied yes, however, currently, many have converted to Industrial Uses. Vice Chairperson Garland inquired as to the size of the adjoining lots. Mr. Cordero explained most of the lots are the same size 50 by 140; however, some have been combined. Chairperson Blake asked for further elaboration on a comment that the proposed building relief would accommodate additional development standards that are required from other reviewing departments. Mr. Cordero explained that when an applicant submits their development plan for a property, they are not only required to abide by the city's development standards but also for the development standards from Building Safety, Fire and Transportation and Engineering. Chairperson Blake called for the applicant to make a presentation. Robert Gomez, applicant's representative, explained the purpose behind his client's request for the variance which was to have a secure place to store his trucks and materials at night. Vice Chairperson Garland asked how many trucks the applicant had. Mr. Gomez stated he had two pick-up trucks. Vice Chairperson Garland inquired if they would also be storing chemicals in the storage place. Mr. Gomez replied no. Chairperson Blake inquired if the applicant was asking for this variance because he was looking at the expansion of his business and trying to accommodate for the future. Mr. Gomez stated he was correct. Board member Padia noted that since the trucks will be carrying chemicals would they not be also stored in the storage. Mr. Gomez replied the chemicals on the trucks were used when on a job. Tabitha Perry, Assistant Planning Director, interjected encouraging the board to stay on topic of this meeting. She reminded them that the matter before them for consideration was the development standards and setbacks. She explained that before the applicant was able to process January 9,2014 Board of Adjustment Minutes Page 4 this request and come before this board, the land use had already been evaluated to ensure it was acceptable with the appropriate zoning and the permitted use. Chairperson Blake opened the public hearing. With no one wishing to speak, he closed the public hearing. He asked the board for any further questions. Chairperson Blake called for Mr. Russ Romney, Deputy City Attorney to provide the next step in the legal process. 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 Blake called for a voice vote on Finding One. The board responded with a 3-1 vote. Vice Chair Garland voted "nay." Finding Two. Chairperson Blake called for a voice vote on Finding Two. The board responded with a 4-1 vote. Vice Chair Garland voted "nay." Finding Three. Chairperson Blake called for a voice vote on Finding Three. The board responded with a 3-2 vote. Vice Chair Garland and board member Vescio voted "nay." nay. Finding Four. Chairperson Blake called for a voice vote on Finding Four. The board responded with a 4-1 vote. Vice Chair Garland voted "nay." Mr. Romney asked that if based on the findings, does the board wish to grant variance VAR13- 07: subject to the stipulations set forth by the Planning Department. Chairperson Blake called for a motion. Board member Toops made a MOTION to APPROVE VAR13-07 subject to the stipulations in the staff report. Board member Padia SECONDED the motion. The MOTION was APPROVED with a vote of 3 to 2. Vice Chair Garland and board member Vescio voted "nay." Chairperson Blake stated the decision from the board is to grant the variance. He said anyone wishing to appeal the action will need to file a motion in Superior Court. VI. OTHER BUSINESS FROM THE FLOOR Chairperson Blake asked staff if there was other business from the floor. There was none. January 9,2014 Board of Adjustment Minutes Page 5 VII. PLANNING STAFF COMMENTS AND SUGGESTIONS There were none. VIII. BOARD COMMENTS AND SUGGESTIONS There were none. IX. ADJOURDMENT Vice Chair Garland made a MOTION to ADJOURN the meeting. Board member Padia SECONDED the motion. The meeting adjourned at 4:38 p.m. Next meeting tentatively scheduled for February 13, 2014.