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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 7/10/2014 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, JULY 10,2014 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 Zarra and Feiner, Vice Chairperson Vescio, and Chairperson Toops were in attendance. None were absent. CITY STAFF Tabitha Perry, Assistant Planning Director, Thomas Ritz, AICP, Senior Planner, James Gruber, Assistant City Attorney and Diana Figueroa, Recording Secretary III. APPROVAL OF THE MINUTES Chairperson Toops called for Approval of the January 9, 2014, Meeting Minutes. Board member Zarra made a MOTION to APPROVE the January 9,2014 minutes. Board member Feiner SECONDED the MOTION,which was APPROVED with a vote of 4 to 0. IV. WITHDRAWALS AND CONTINUANCES Chairperson Toops asked staff if there were any requests for withdrawals or continuances. There were none. V. PUBLIC HEARING ITEM 1. VAR14-02: A request by Sharon White for Joy Ater to reduce the side yard setback to 10 feet where 50 feet is required in the A-1 (Agricultural) district, to reduce the rear yard setback to 20 feet where 50 feet is required in the A-1 (Agricultural) district, and to increase the maximum percentage lot coverage to 25 percent where 10 percent is the maximum percentage lot coverage in the A-1 (Agricultural) District. The site is at 10257 North 53rd Avenue and is located in the Barrel District. Mr. Thomas Ritz, AICP, Senior Planner, began his presentation by stating VAR14-02 is a request by stating Ms. Sharon White, representing Ms. Joy Ater, is requesting to reduce the side July 10,2014 Board of Adjustment Minutes Page 2 yard setback to 10 feet where 50 feet is required in the A-1 (Agricultural) district, to reduce the rear yard setback to 20 feet where 50 feet is required in the A-1 (Agricultural) district, and to increase the maximum percentage lot coverage to 25 percent where 10 percent is the maximum percentage lot coverage in the A-1 (Agricultural) District. Mr. Ritz said the site is located at 10257 North 53rd Avenue and is located in the Barrel District. Mr. Ritz said the applicant is requesting approval of a variance which will allow the construction of a hobby room on the back southeast corner of the house. He described the surrounding land uses and zoning districts. Mr. Ritz said this property is not part of any subdivision. It was annexed into the City of Glendale on November 14, 1967. He said the home was built in approximately 1985 prior to the adoption of the present lot size, lot coverage, and setback requirements for the A-1 zoning district in 1993. Mr. Ritz reviewed each of the four findings: 1. 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; A lot width of 100 feet, a lot depth of 133 feet, and a lot size of 13,300 feet with an A-1 (Agricultural) zoning district classification creates a special circumstance not self-imposed by the property owner. The construction of a hobby room addition requires some level of relief based on the setback and lot coverage requirements. A 50 foot side yard and 50 foot rear yard setback requirement would prohibit the construction of the desired room addition. The surrounding neighborhoods are developed with a variety of side-yard and rear yard setbacks; all of which are equal to or less than this variance request. The proposed lot coverage request is also less than the percentage lot coverage permitted in the surrounding zoning districts. 2. 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 in the same zoning district; The strict application of the Zoning Ordinance would prohibit any additions to the existing home and eliminate the possibility of building a room addition on the property due to the total width of the lot. The surrounding properties have setbacks that are similar to those proposed by the applicant. In this situation, the strict application of the Zoning Ordinance would not allow the property the same privileges as its neighbors. 3. The variance is the minimum necessary to alleviate the property hardship; and The requested side yard and rear setbacks are the minimum necessary to construct a room addition on the lot. The requested lot coverage is also required to construct a room addition on July 10,2014 Board of Adjustment Minutes Page 3 the lot. No other relief from the zoning requirements is proposed as a part of this variance request. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. The requested building setbacks and lot coverage are consistent with or greater than other properties in the surrounding area and will not detrimentally affect any neighboring properties. The surrounding neighbors have side-yard and rear yard setbacks that are similar to, or less than, what is being requested. Mr. Ritz concluded by stating the variance request appears to meet all four findings and should be approved. He concluded his presentation and stated he was available for questions. Chairperson Toops asked if the Board had any questions. There were none. Chairperson Toops called for the applicant to make a presentation. Ms. Sharon White, applicant, provide more details regarding the reason for the variance request. She thanked the Board for their time. Chairperson Toops opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Toops called for Mr. James Gruber, Assistant City Attorney, to provide the next step in the legal process. Based on the facts and evidence presented, Mr. Gruber requested a vote from the Board. He read each finding and waited as the Board responded. Finding One. Chairperson Toops called for a voice vote on Finding One. The Board responded with a 4-0 vote. Finding Two. Chairperson Toops called for a voice vote on Finding Two. The Board responded with a 4-0 vote. Finding Three. Chairperson Toops called for a voice vote on Finding Three. The Board responded with a 4-0 vote. Finding Four. Chairperson Toops called for a voice vote on Finding Four. The Board responded with a 4-0 vote. Mr. Gruber asked, based on the findings, if the Board wishes to grant variance VAR14-02, subject to the stipulations set forth by the Planning Division. Chairperson Toops called for a motion. July 10,2014 Board of Adjustment Minutes Page 4 Board member Zarra made a MOTION to APPROVE VAR14-02 subject to the stipulations in the staff report. Vice Chairperson Vescio SECONDED the motion. The MOTION was APPROVED with a vote of 4 to 0. Chairperson Toops 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 Toops asked staff if there was other business from the floor. Ms. Perry indicated included in their packet was a letter dated April 24, 2014 from the Government Services Committee. She said the letter serves as an appreciation and reminder of their commitment to serve as a Board and Commission member. She noted that without their dedication and commitment to staff, staff would not be able to proceed with conducting city business. She said their attendance was vital to staff being able to process applications and proceed with obligations to hold public hearing meetings that have been previously legally posted. Therefore, if aware in advance that they will be unable to attend a scheduled meeting, please advise staff so they can prepare accordingly. VII. PLANNING STAFF COMMENTS AND SUGGESTIONS Chairperson Toops asked for Planning Staff Comments and Suggestions. There were none. VIII. BOARD COMMENTS AND SUGGESTIONS Chairperson Toops asked for Board Comments and Suggestions. There were none. IX. ADJOURDMENT Vice Chairperson Vescio made a MOTION to ADJOURN the meeting. Board member Zarra SECONDED the motion,which was approved 4 to 0. The meeting adjourned at 4:22 p.m. Next meeting tentatively scheduled for August 14, 2014.