HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/10/2015 MINUTES
CITY OF GLENDALE
BOARD OF ADJUSTMENT
COUNCIL CHAMBERS BUILDING
CONFERENCE ROOM B-3
THURSDAY, DECEMBER 10,2015
4:00 PM
CALL TO ORDER
The meeting was called to order at approximately 4:07 p.m.
ROLL CALL
Board members Zarra, Crowley, Dietzman, Vice Chairperson Vescio, and Chairperson Toops
were in attendance. Board members Feiner and Blakely were absent.
CITY STAFF
Tabitha Perry, Assistant Planning Director, Russell Romney, Deputy City Attorney, Thomas
Ritz, AICP, Senior Planner, and Diana Figueroa, Recording Secretary were present.
APPROVAL OF THE MINUTES
Chairperson Toops called for approval of the October 8, 2015 minutes.
Board member Dietzman made a MOTION to APPROVE the Minutes of the October 8,
2015 Meeting, as written. Board member Crowley SECONDED the motion.
WITHDRAWALS AND CONTINUANCES
Chairperson Toops asked staff if there were any requests for withdrawals or continuances. There
were none.
PUBLIC HEARING ITEMS
Chairperson Toops called for staff's presentation on the public hearing items.
1. VAR15-05: A Variance request by Tana Nichols for Habitat for Humanity to reduce
the side yard setbacks to 6 feet and 8 feet where 20 feet is required in the R-3 (Multiple
Residence) District. The site is on the west side of 54th Drive, three parcels south of West
McClellan Road (6634 North 54th Drive) and is in the Ocotillo District. Staff Contact:
Thomas Ritz, AICP, Senior Planner.
Thomas Ritz, AICP, Senior Planner, stated this was a variance request by Tana Nichols for
Habitat for Humanity to reduce the side yard setbacks to 6 feet and 8 feet where 20 feet was
required in the R-3 District. He said the site was on the west side of 54th Drive, three parcels
south of West McClellan Road and was in the Ocotillo District. He noted the property was
located within the Sugar Addition Subdivision southeast of the southeast corner of Glendale
Avenue and 55th Avenue. He explained that if approved, the applicant intends to construct a
new single family home on the property. The parcel dimensions are approximately 50 feet wide
and 140 feet long.
Mr. Ritz stated that on September 23, 2015, notification letters were mailed to adjacent property
owners and interested parties. He noted that to date Planning Staff received one phone call
Board of Adjustment Minutes
December 10,2015
Page 2
concerning the request. He said the property owner questioned which properties would be
impacted by this request. Staff explained that the variance only applied to the property at 6634
North 54th Drive. The applicant received no input as a result of the notification.
Mr. Ritz 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;
He stated that the existing R-3 zoning district setbacks and size of the lot creates a special
circumstance not self-imposed by the property owner. The construction of the desired
home requires some level of relief.
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;
He said the strict application of the Zoning Ordinance would limit the property to twenty
foot side yard setbacks and prohibit the construction of the desired home.
3. The variance requested is the minimum necessary to alleviate the property
hardships.
He said the requested side yard is the minimum necessary to construct the requested
home on the lot. No other relief from the zoning requirements is proposed as a part of the
variance request.
4. Granting the variance will not have a detrimental effect on the property, adjoining
property, surrounding neighborhoods or the city in general.
He explained that the requested building setback will permit the construction of the
desired home and will not detrimentally affect any neighboring properties.
Mr. Ritz 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 stipulation listed in
the staff report. He concluded his presentation and stated he was available for questions. The
stipulation is listed below.
1. Development shall be in conformance with the applicant's narrative, site plan, and floor
plan, dated November 2, 2015.
Chairperson Toops asked if the Board had any questions.
Board member Zarra inquired as to a building which showed on the aerial map. Mr. Ritz stated
that the building has since been demolished. He added that all sites are cleared and were ready to
Board of Adjustment Minutes
December 10,2015
Page 3
be built upon. Board member Zarra asked if the photos in their packets were the proposed view
of the projects. Mr. Ritz replied yes, and added that the photographs were of the buildings that
were being proposed.
Chairperson Toops called for the applicant to make a presentation.
Habitat for Humanity, Administrative Representative, stated that she would like to thank the City
of Glendale and the Board of Adjustment for allowing them to move forward with this project.
She said this was a wonderful thing to do and that it had been a great partnership.
Chairperson Toops opened the public hearing. With no one wishing to speak, he closed the
public hearing.
Chairperson Toops 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 Toops called for a voice vote on Finding One. The Board
responded with a 5-0 vote.
Finding Two. Chairperson Toops called for a voice vote on Finding Two. The
Board responded with a 5-0 vote.
Finding Three. Chairperson Toops called for a voice vote on Finding Three. The
Board responded with a 5-0 vote.
Finding Four. Chairperson Toops called for a voice vote on Finding Four. The
Board responded with a 5-0 vote.
Mr. Romney asked that if based on the findings, does the Board wish to grant variance
VAR15-05 subject to the stipulation set forth by the Planning Division.
Chairperson Toops called for a motion.
VICE CHAIRPERSON VESCIO MADE A MOTION TO APPROVE VAR15-05
SUBJECT TO ONE STIPULATION NOTED IN THE STAFF REPORT. BOARD
MEMBER ZARRA SECONDED THE MOTION WHICH WAS APPROVED
UNANIMOUSLY WITH A VOTE OF 5 TO 0.
2. VAR15-06: A Variance request by Tana Nichols for Habitat for Humanity to reduce
the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 (Multiple
Residence) District. The site is on the east side of 59th Drive, one parcel south of Lamar
Road at (6727 North 59th Drive) and is in the Ocotillo District. Staff Contact: Thomas
Ritz, AICP, Senior Planner.
Board of Adjustment Minutes
December 10,2015
Page 4
Thomas Ritz, AICP, Senior Planner, stated this was a variance request by Tana Nichols for
Habitat for Humanity to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet was
required in the R-3 District. He noted the site was on the east side of 59th Drive, one parcel south
of Lamar Road and was in the Ocotillo District. He explained that if approved the applicant
intends to construct a new single family home on the property. He said the property was located
within the Amended Plat of Blocks 1,2,3,4 Orchard Addition to Glendale Subdivision, southwest
of the southwest corner of Glendale Avenue and 59th Avenue. The parcel dimensions are
approximately 50 feet wide by 180 feet long.
Mr. Ritz stated that on October 16, 2015, notification letters were mailed to adjacent property
owners and interested parties. Staff received one phone call concerning the request. He noted the
property owner who called supports the variance request. He stated that the applicant received
two phone calls concerning the request as a result of the notification. One phone call was from
the same property owner who contacted staff, supporting the request. The other was from a
second property owner. He noted the applicant explained the variance request and stated it
would not impact the property of the caller.
Mr. Ritz 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;
He said that the existing R-3 zoning district setbacks and size of the lot creates a special
circumstance not self-imposed by the property owner. The construction of the desired
home requires some level of relief.
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;
He stated the strict application of the Zoning Ordinance would limit the property to
twenty foot side yard setbacks and prohibit the construction of the desired home.
3. The variance requested is the minimum necessary to alleviate the property
hardships.
He said the requested street side yard setback is the minimum necessary to construct the
requested home on 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, surrounding neighborhoods or the city in general.
He explained the requested building setback will permit the construction of the desired
home and will not detrimentally affect any neighboring properties.
Board of Adjustment Minutes
December 10,2015
Page 5
Mr. Ritz 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 stipulation listed in
the staff report. He concluded his presentation and stated he was available for questions. The
stipulation is listed below.
1. Development shall be in conformance with the narrative and site plan, date stamped
November 16, 2015.
Chairperson Toops asked if the Board had any questions. There were none.
Chairperson Toops called for the applicant to make a presentation. There was no presentation.
Chairperson Toops opened the public hearing. With no one wishing to speak, he closed the
public hearing.
He asked the Board for any further questions or comments.
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 Toops called for a voice vote on Finding One. The Board
responded with a 5-0 vote.
Finding Two. Chairperson Toops called for a voice vote on Finding Two. The
Board responded with a 5-0 vote.
Finding Three. Chairperson Toops called for a voice vote on Finding Three. The
Board responded with a 5-0 vote.
•
Finding Four. Chairperson Toops called for a voice vote on Finding Four. The
Board responded with a 5-0 vote.
Mr. Romney asked that if based on the findings, does the Board wish to grant variance
VAR15-06 subject to the stipulation set forth by the Planning Division.
BOARD MEMBER CROWLEY MADE A MOTION TO APPROVE VAR15-06
SUBJECT TO ONE STIPULATION NOTED IN THE STAFF REPORT. BOARD
MEMBER DIETZMAN SECONDED THE MOTION WHICH WAS APPROVED
UNANIMOUSLY WITH A VOTE OF 5 TO 0.
3. VAR15-07: A Variance request by Tana Nichols for Habitat for Humanity to reduce
the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 (Multiple
Residence) District. The site is on the east side of 59th Drive, two parcels south of Lamar
Road (6725 North 59th Drive) and is in the Ocotillo District. Staff Contact: Thomas
Ritz, AICP, Senior Planner.
Board of Adjustment Minutes
December 10,2015
Page 6
Thomas Ritz, AICP, Senior Planner, stated this was a variance request by Tana Nichols for
Habitat for Humanity to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet was
required in the R-3 District. He said the site was on the east side of 59th Drive, two parcels south
of Lamar Road and was in the Ocotillo District. He noted that if approved, the applicant intends
to construct a new single family home on the property. He said the property was located within
the Amended Plat of Blocks 1, 2, 3, 4 Orchard Addition to Glendale Subdivision, southwest of
the southwest corner of Glendale Avenue and 59th Avenue. The parcel dimensions are
approximately 50 feet wide by 180 feet long.
Mr. Ritz stated that on October 16, 2015, notification letters were mailed to adjacent property
owners and interested parties. Staff received one phone call concerning the request. He stated
the property owner who called supports the variance request. He explained that the applicant
received two phone calls concerning the request as a result of the notification. He noted that one
phone call was from the same property owner who contacted staff, supporting the request. The
other was from a second property owner. He said the applicant explained the variance request
and stated it would not impact the property for the caller.
Mr. Ritz 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;
He said that the existing R-3 zoning district setbacks and size of the lot creates a special
circumstance not self-imposed by the property owner. The construction of the desired
home requires some level of relief.
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;
He stated the strict application of the Zoning Ordinance would limit the property to
twenty foot side yard setbacks and prohibit the construction of the desired home.
3. The variance requested is the minimum necessary to alleviate the property
hardships.
He said the requested street side yard setback is the minimum necessary to construct the
requested home on 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, surrounding neighborhoods or the city in general.
He explained the requested building setback will permit the construction of the desired
home and will not detrimentally affect any neighboring properties.
Board of Adjustment Minutes
December 10,2015
Page 7
Mr. Ritz 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 stipulation listed in
the staff report. He concluded his presentation and stated he was available for questions. The
stipulation is listed below.
1. Development shall be in conformance with the narrative and site plan, date stamped
November 16, 2015.
Chairperson Toops asked if the Board had any questions.
In response to a question from Board member Dietzman, Mr. Ritz explained this home was
slightly closer to the street than the other requests on this agenda.
Chairperson Toops called for the applicant to make a presentation. There was no presentation.
Chairperson Toops opened the public hearing. With no one wishing to speak, he closed the
public hearing.
He asked the Board for any further questions or comments.
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 Toops called for a voice vote on Finding One. The Board
responded with a 5-0 vote.
Finding Two. Chairperson Toops called for a voice vote on Finding Two. The
Board responded with a 5-0 vote.
Finding Three. Chairperson Toops called for a voice vote on Finding Three. The
Board responded with a 5-0 vote.
Finding Four. Chairperson Toops called for a voice vote on Finding Four. The
Board responded with a 5-0 vote.
Mr. Romney asked that if based on the findings, does the Board wish to grant variance
VAR15-07 subject to the stipulation set forth by the Planning Division.
Chairperson Toops called for a motion.
BOARD MEMBER DIETZMAN MADE A MOTION TO APPROVE VAR15-07
SUBJECT TO ONE STIPULATION NOTED IN THE STAFF REPORT. BOARD
MEMBER CROWLEY SECONDED THE MOTION WHICH WAS APPROVED
UNANIMOUSLY WITH A VOTE OF 5 TO 0.
Board of Adjustment Minutes
December 10,2015
Page 8
4. VAR15-08: A Variance request by Tana Nichols for Habitat for Humanity to reduce
the side yard setbacks to 7 feet and 7 feet where 20 feet is required in the R-3 (Multiple
Residence) District. The site is on the west side of 54th Avenue, three parcels south of
West Ocotillo Road (6618 North 54th Avenue) and is in the Ocotillo District. Staff
Contact: Thomas Ritz, AICP, Senior Planner.
Thomas Ritz, AICP, Senior Planner, stated this was a variance request by Tana Nichols for
Habitat for Humanity to reduce the side yard setbacks to 7 feet and 7 feet where 20 feet was
required in the R-3 District. He said the site was on the west side of 54th Avenue, three parcels
south of West Ocotillo Road and is in the Ocotillo District. He noted that if approved the
applicant intends to construct a new single family home on the property. He stated the property
was located within the Sugar Addition Subdivision southeast of the southeast corner of Glendale
Avenue and 55th Avenue. The parcel dimensions are approximately 50 feet wide and 140 feet
long.
Mr. Ritz stated that on September 23, 2015 letters were mailed to adjacent property owners and
interested parties. He stated that neither staff nor the applicant received any input as a result of
the notification.
Mr. Ritz 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;
He said that the existing R-3 zoning district setbacks and size of the lot creates a special
circumstance not self-imposed by the property owner. The construction of the desired
home requires some level of relief.
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;
He stated the strict application of the Zoning Ordinance would limit the property to
twenty foot side yard setbacks and prohibit the construction of the desired home.
3. The variance requested is the minimum necessary to alleviate the property
hardships.
He said the requested street side yard setback is the minimum necessary to construct the
requested home on 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, surrounding neighborhoods or the city in general.
Board of Adjustment Minutes
December 10,2015
Page 9
He explained the requested building setback will permit the construction of the desired
home and will not detrimentally affect any neighboring properties.
Mr. Ritz 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 stipulation listed in
the staff report. He concluded his presentation and stated he was available for questions. The
stipulation is listed below.
1. Development shall be in conformance with the narrative, site plan, and floor plan, dated
November 16, 2015.
Chairperson Toops asked if the Board had any questions.
Board member Zarra noted that the corner lot picture is incorrect on the Citizen Participation
page. Mr. Ritz stated that it showed incorrectly on the Citizen Participation Report submitted by
the applicant and does not match the address, however, on the next page it was highlighted
correctly. He noted that staffs photo was correct.
Chairperson Toops called for the applicant to make a presentation. There was no presentation.
Chairperson Toops opened the public hearing. With no one wishing to speak, he closed the
public hearing.
Chairperson Toops 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 Toops called for a voice vote on Finding One. The Board
responded with a 5-0 vote.
Finding Two. Chairperson Toops called for a voice vote on Finding Two. The
Board responded with a 5-0 vote.
Finding Three. Chairperson Toops called for a voice vote on Finding Three. The
Board responded with a 5-0 vote.
Finding Four. Chairperson Toops called for a voice vote on Finding Four. The
Board responded with a 5-0 vote.
Mr. Romney asked that if based on the findings, does the Board wish to grant variance
VAR15-08 subject to the stipulation set forth by the Planning Division.
Chairperson Toops called for a motion.
Board of Adjustment Minutes
December 10,2015
Page 10
VICE CHAIRPERSON VESCIO MADE A MOTION TO APPROVE VAR15-08
SUBJECT TO ONE STIPULATION NOTED IN THE STAFF REPORT. BOARD
MEMBER ZARRA SECONDED THE MOTION WHICH WAS APPROVED
UNANIMOUSLY WITH A VOTE OF 5 TO 0.
5. VAR15-09: A Variance request by Tana Nichols for Habitat for Humanity to reduce
the rear yard setback to 15 feet where 20 feet is required in the R-4 (Multiple Residence)
District. The site is on the northeast corner of Glenn Drive and 62nd Avenue (6200 West
Glenn Drive) and is in the Ocotillo District. Staff Contact: Thomas Ritz, AICP, Senior
Planner.
Thomas Ritz, AICP, Senior Planner, stated this was a variance request by Tana Nichols for
Habitat for Humanity to reduce the rear yard setback to 15 feet where 20 feet was required in the
R-4 District. He said the site was on the northeast corner of Glenn Drive and 62nd Avenue and
was in the Ocotillo District. He noted the property was located within the subdivision of Lot 25
of Hadsell's Addition to Glendale, northeast of the northeast corner of Glendale Avenue and 63rd
Avenue. He explained the dimensions are approximately 100 feet wide and 74 feet long. The lot
was created out of the south half of lot 14 and the western part of lot 15 as originally platted.
Mr. Ritz stated that on September 23, 2015, notification letters were mailed to adjacent property
owners and interested parties. He noted the property was not located within any registered
neighborhood and he received no input from the notification.
Mr. Ritz 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;
He said that the existing R-3 zoning district setbacks and size of the lot creates a special
circumstance not self-imposed by the property owner. The construction of the desired
home requires some level of relief.
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;
He stated the strict application of the Zoning Ordinance would limit the property to
twenty foot side yard setbacks and prohibit the construction of the desired home.
3. The variance requested is the minimum necessary to alleviate the property
hardships.
Board of Adjustment Minutes
December 10,2015
Page 11
He said the requested street side yard setback is the minimum necessary to construct the
requested home on 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, surrounding neighborhoods or the city in general.
He explained the requested building setback will permit the construction of the desired
home and will not detrimentally affect any neighboring properties.
Mr. Ritz 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 stipulation listed in
the staff report. He concluded his presentation and stated he was available for questions. The
stipulation is listed below.
1. Development shall be in conformance with the narrative, site plan, and floor plan, dated
November 2, 2015.
Chairperson Toops asked if the Board had any questions. There were none.
Chairperson Toops called for the applicant to make a presentation. There was no presentation.
Chairperson Toops opened the public hearing. With no wishing to speak, he closed the public
hearing.
Chairperson Toops 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 Toops called for a voice vote on Finding One. The Board
responded with a 5-0 vote.
Finding Two. Chairperson Toops called for a voice vote on Finding Two. The
Board responded with a 5-0 vote.
Finding Three. Chairperson Toops called for a voice vote on Finding Three. The
Board responded with a 5-0 vote.
Finding Four. Chairperson Toops called for a voice vote on Finding Four. The
Board responded with a 5-0 vote.
Mr. Romney asked that if based on the findings, does the Board wish to grant variance
VAR15-09 subject to the stipulation set forth by the Planning Division.
Chairperson Toops called for a motion.
Board of Adjustment Minutes
December 10,2015
' Page 12
BOARD MEMBER ZARRA MADE A MOTION TO APPROVE VAR15-09 SUBJECT
TO ONE STIPULATION NOTED IN THE STAFF REPORT. BOARD MEMBER
CROWLEY SECONDED THE MOTION WHICH WAS APPROVED UNANIMOUSLY
WITH A VOTE OF 5 TO 0.
6. VAR15-10: A Variance request by Tana Nichols for Habitat for Humanity to reduce
the side yard setbacks to 5 feet and 10 feet where 20 feet is required in the R-3 (Multiple
Residence) District. The site is on the east side of 53rd Avenue, six parcels north of West
Maryland Avenue (6525 North 53rd Avenue) and is in the Ocotillo District. Staff
Contact: Thomas Ritz, AICP, Senior Planner
Thomas Ritz, AICP, Senior Planner, stated this was a variance request by Tana Nichols for
Habitat for Humanity to reduce the side yard setbacks to 5 feet and 10 feet where 20 feet was
required in the R-3 District. He said the site was on the east side of 53rd Avenue, six parcels
north of West Maryland Avenue and was in the Ocotillo District. He stated that the property was
located within the La Casita Mia Subdivision, northeast of the northeast corner of Maryland
Avenue and 55th Avenue. The parcel dimensions are approximately 50 feet wide and 137.50
feet long.
Mr. Ritz stated that on October 16, 2015, notification letters were mailed to adjacent property
owners and interested parties. Staff received two phone calls concerning the request as a result of
the notification. He said the property owners questioned which properties would be impacted by
this request. Staff explained that the variance only applied to the property at 6525 North 53rd
Avenue.
Mr. Ritz 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;
He said that the existing R-3 zoning district setbacks and size of the lot creates a special
circumstance not self-imposed by the property owner. The construction of the desired
home requires some level of relief.
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;
He stated the strict application of the Zoning Ordinance would limit the property to
twenty foot side yard setbacks and prohibit the construction of the desired home.
3. The variance requested is the minimum necessary to alleviate the property
hardships.
Board of Adjustment Minutes
December 10,2015
Page 13
He said the requested street side yard setback is the minimum necessary to construct the
requested home on 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, surrounding neighborhoods or the city in general.
He explained the requested building setback will permit the construction of the desired
home and will not detrimentally affect any neighboring properties.
Mr. Ritz 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 stipulation listed in
the staff report. He concluded his presentation and stated he was available for questions. The
stipulation is listed below.
1. Development shall be in conformance with the narrative, site plan, and floor plan, dated
November 16, 2015.
Chairperson Toops asked if the Board had any questions. There were none.
Chairperson Toops called for the applicant to make a presentation. There was no presentation.
Chairperson Toops opened the public hearing. With no one wishing to speak, he closed the
public hearing.
Chairperson Toops 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 Toops called for a voice vote on Finding One. The Board
responded with a 5-0 vote.
Finding Two. Chairperson Toops called for a voice vote on Finding Two. The
Board responded with a 5-0 vote.
Finding Three. Chairperson Toops called for a voice vote on Finding Three. The
Board responded with a 5-0 vote.
Finding Four. Chairperson Toops called for a voice vote on Finding Four. The
Board responded with a 5-0 vote.
Mr. Romney asked that if based on the findings, does the Board wish to grant variance
VAR15-10 subject to the stipulation set forth by the Planning Division.
Chairperson Toops called for a motion.
Board of Adjustment Minutes
December 10,2015
Page 14
BOARD MEMBER ZARRA MADE A MOTION TO APPROVE VAR15-10 SUBJECT
TO ONE STIPULATION NOTED IN THE STAFF REPORT. VICE CHAIRPERSON
VESCIO SECONDED THE MOTION WHICH WAS APPROVED UNANIMOUSLY
WITH A VOTE OF 5 TO 0.
OTHER BUSINESS FROM THE FLOOR
Chairperson Toops asked staff if there was other business from the floor. There was none.
PLANNING STAFF COMMENTS AND SUGGESTIONS
Chairperson Toops called for Planning staff comments and suggestions. There were none.
NEXT MEETING: January 14, 2016
BOARD COMMENTS AND SUGGESTIONS
Chairperson Toops called for Board comments and suggestions. There were none.
ADJOURMENT
Chairperson Toops called for a motion to adjourn.
VICE CHAIRPERSON VESCIO MADE A MOTION TO ADJOURN THE MEETING.
BOARD MEMBER DIETZMAN SECONDED THE MOTION, WHICH WAS
APPROVED UNANIMOUSLY.
The meeting adjourned at 4:59 p.m.