Loading...
HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 7/13/2017 • MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 JULY 13,2017 4:00 PM CALL TO ORDER The meeting was called to order at approximately 4:04 p.m. ROLL CALL Board members Carl Dietzman, Eric Fitzer, Cathy Cheshier, Vice Chair Erminie Zarra, and Chairperson Lawrence Feiner were present. BOARD MEMBERS ABSENT: Board members Michael Wilson and Reginald Martinez were absent. CITY STAFF Tabitha Perry, Assistant Planning Director, Russ Romney, Deputy City Attorney, Paul Whalen, AICP, Senior Planner, and Diana Figueroa, Recording Secretary, were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the April 13, 2017 Regular Meeting Minutes. VICE CHAIR ZARRA MADE A MOTION TO APPROVE THE APRIL 13, 2017 REGULAR MEETING MINUTES AS WRITTEN. BOARD MEMBER DIETZMAN SECONDED THE MOTION,WHICH WAS APPROVED UNANIMOUSLY. WITHDRAWALS AND CONTINUANCES Chairperson Feiner asked staff if there were any requests for withdrawals or continuances. There were none. • PUBLIC HEARING ITEMS Chairperson Feiner called for staff's presentation on the public hearing items. 1. VAR17-01: A request by Tana Nichols, representing Habitat for Humanity Central Arizona, to allow 10 feet and 5 feet side yard setbacks where 20 feet is required in the R-4 (Multiple Residence) district. The site is located at 6439 West Maryland Avenue in the Ocotillo District. Staff Contact: Paul Whalen, AICP, Senior Planner Mr. Paul Whalen, AICP, Senior Planner, stated this was a request by Tana Nichols,representing Habitat for Humanity Central Arizona, to allow 10 feet and 5 feet side yard setbacks where 20 feet is required in the Multiple Residence district. He said the site is located at 6439 West Maryland Avenue in the Ocotillo District. He stated the applicant is requesting a variance to reduce the mandatory 60-foot minimum lot width to 50 feet,and the side yard setbacks from 20 feet to 10 and 5 feet. If approved,the applicant intends to construct a new single-family home on the property. The lot is currently vacant. July 13,2017 Board of Adjustment Minutes Page 2 Mr.Whalen stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Whalen reviewed staffs findings. . 1. There are special circumstances/conditions applicable to the property including size, shape, topography, location or surroundings,which were not self-imposed by the owner; Mr. Whalen said the R-4 zoned lot is an existing legal non-conforming parcel as it does not comply with the 60-ft minimum lot width standard. In addition, Table 2 R-4 Development Standards require a minimum perimeter setback of 20 feet that creates a special circumstance not self- imposed by the property owner. A 20-ft perimeter setback would allow for just a 10-ft clear-zone thus rendering the lot useless. He noted the applicant is seeking relief to allow for the construction of a conventional home. 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; Mr. Whalen said the strict application of the Zoning Ordinance on this existing non-conforming legal lot would limit the property to just a ten-foot clear or build zone which would apparently prohibit any type of meaningful construction and use. 3. The variance requested is the minimum necessary to alleviate the property hardships; Mr. Whalen said the requested minimum lot width and side yard setback reduction is the minimum necessary to construct the home on the lot. He added that no other relief from the zoning requirements is proposed per this variance request. 4. Granting the variance will not have a detrimental effect on the property,adjoining property, surrounding neighborhoods or the city in general; Mr. Whalen said the requested building setback will impact only the subject lot permitting the construction of a home, and will not detrimentally affect any neighboring properties. Mr. Whalen stated the variance request appears to meet the findings and should be approved. He stated that should the Board of Adjustment approve the variance, staff recommends the following stipulation: 1. The Development shall be in conformance with the applicant's narrative, date-stamped May 31, 2017. July 13,2017 Board of Adjustment Minutes Page 3 Tabitha Perry, Assistant Planning Director, stated she would like to propose a modification to the stipulation. She would like it to read that it will be substantially in conformance. Everyone agreed. Chairperson Feiner opened the floor for the Board to ask questions.There were none. The Board members discussed the small lot size. Chairperson Feiner called for the applicant to make a presentation. Tana Nichols, representing Habitat for Humanity Central Arizona, stated that she had nothing to add to the presentation,however,was glad Habitat was building in the City of Glendale again. She presented the Board with floor plan pictures of some of the homes. Board member Cheshier inquired as to the size of the backyard setbacks and if it was going to be a concern. Ms.Nichols replied no. Board member Dietzman commented on the problem of how the front doors open facing each other on side by side homes. Ms. Nichols stated she would look into it. Chairperson Feiner opened the public hearing. There were no speakers. Chairperson Feiner closed the public hearing. Chairperson Feiner asked the Board for any further questions or comments. The Board members were all very pleased this project was being developed in the City of Glendale. 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 Feiner called for a voice vote on Finding One. The Board responded with a 5-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 5-0 vote. Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 5-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 5-0 vote. Chairperson Feiner called for a motion. July 13,2017 Board of Adjustment Minutes Page 4 VICE CHAIR ZARRA MADE A MOTION TO APPROVE THIS ITEM SUBJECT TO ONE REVISED STIPULATION. BOARD MEMBER FITZER SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. 2. VAR17-02: A request by Tana Nichols, representing Habitat for Humanity Central Arizona, to allow 10 feet and 5 feet side yard setbacks where 20 feet is required in the R-4 (Multiple Residence) district. The site is located at 6441 West Maryland Avenue in the Ocotillo District. Staff Contact: Paul Whalen, AICP, Senior Planner Mr. Paul Whalen, AICP, Senior Planner, stated this was a request by Tana Nichols, representing Habitat for Humanity Central Arizona, to allow 10 feet and 5 feet side yard setbacks where 20 feet is required in the R-4 Multiple Residence district. He noted the site is located at 6441 West Maryland Avenue in the Ocotillo District. He said the applicant is requesting a variance to reduce the mandatory 60-foot minimum lot width to 50 feet, and the side yard setbacks from 20 feet to 10 and 5 feet. If approved, the applicant intends to construct a new single-family home on the property. Mr. Whalen stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Whalen reviewed staffs findings. 1. There are special circumstances/conditions applicable to the property including size, shape, topography, location or surroundings,which were not self-imposed by the owner; Mr. Whalen said the R-4 zoned lot is an existing legal non-conforming parcel as it does not comply with the 60-ft minimum lot width standard. In addition, Table 2 R-4 Development Standards require a minimum perimeter setback of 20 feet that creates a special circumstance not self- imposed by the property owner. A 20-ft perimeter setback would allow for just a 10-ft clear-zone thus rendering the lot useless. He noted the applicant is seeking relief to allow for the construction of a conventional home. 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; Mr. Whalen said the strict application of the Zoning Ordinance on this existing non-conforming legal lot would limit the property to just a 10-foot clear or build zone which would prohibit any type of meaningful construction and use. 3. The variance requested is the minimum necessary to alleviate the property hardships; Mr. Whalen said the requested minimum lot width and side yard setback reduction is the minimum necessary to construct the home on the lot. He stated that no other relief from the zoning requirements is proposed per this variance request. July 13,2017 Board of Adjustment Minutes Page 5 4. Granting the variance will not have a detrimental effect on the property,adjoining property, surrounding neighborhoods or the city in general. Mr. Whalen said the requested building setback will impact only the subject lot permitting the construction of a home, and will not detrimentally affect any neighboring properties. Mr. Whalen stated the variance request appears to meet the findings and should be approved. He stated that should the Board of Adjustment approve the variance, staff recommends the following stipulation: 1. The Development shall be in substantial conformance with the applicant's narrative, date- . stamped May 31, 2017. Chairperson Feiner opened the floor for the Board to ask questions. Tabitha Perry, Assistant Planning Director, explained why staff was adding the word "substantially" to the stipulation. She said the wording gives the developer flexibility on the yard setbacks while keeping everything in conformance with the site plan. Chairperson Feiner called for the applicant to make a presentation. Tana Nichols, representing Habitat for Humanity Central Arizona, stated that she had nothing to add to the presentation, however, noted that this floor plan was a 3-bedroom house. She thanked the Board for their time. Board member Cheshier commented on the backyard setbacks. She asked if the buyers would have to come back to the city for a variance if they wanted to put a pool in later. Ms. Nichols replied no. Chairperson Feiner opened the public hearing. There were no speakers. Chairperson Feiner closed the public hearing. Chairperson Feiner asked the Board for any further questions or comments. There were none. 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 Feiner called for a voice vote on Finding One. The Board responded with a 5-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 5-0 vote. Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 5-0 vote. July 13,2017 Board of Adjustment Minutes Page 6 Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 5-0 vote. Chairperson Feiner called for a motion. BOARD MEMBER FITZER MADE A MOTION TO APPROVE THIS ITEM SUBJECT TO ONE REVISED STIPULATION. BOARD MEMBER DIETZMAN SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. OTHER BUSINESS FROM THE FLOOR Chairperson Feiner called for Other Business from the Floor. There was none. PLANNING STAFF COMMENTS AND SUGGESTIONS Ms. Perry introduced the two newest members to the Planning Division;Jeremy Underwood,Planner,and Dru Maynus, Planner. Board Member Cheshier commented on the new Board of Adjustment procedure of voting. She said it was different than when she was previously on this Board. Mr. Romney explained that it was changed awhile back because of a case that was appealed. He added that this is a way of clarifying the voting so there is no question on the transcript. BOARD COMMENTS AND SUGGESTIONS Chairperson Feiner called for Board Comments and Suggestions. There were none. ADJOURMENT With no further business, Chairperson Feiner called for a motion to adjourn. BOARD MEMBER DIETZMAN MADE A MOTION TO ADJOURN THE MEETING. VICE CHAIR ZARRA SECONDED THE MOTION, WHICH WAS APPROVED UNANIMOUSLY. The meeting adjourned at 4:42 p.m. NEXT MEETING: Thursday, August 10, 2017