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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 3/8/2018 MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT CITY HALL COMPLEX 5850 WEST GLENDALE AVENUE CONFERENCE ROOM 2A MARCH 8,2018 4:00 PM CALL TO ORDER The meeting was called to order at approximately 4:00 p.m. ROLL CALL Board members Cathy Cheshier, Michael Wilson, Vice Chair Erminie Zarra, and Chairperson Lawrence Feiner were present. BOARD MEMBERS ABSENT: Board members Carl Dietzman and Reginald Martinez were absent and excused. CITY STAFF Jim Cronk, Interim Planning Director, Russ Romney, Deputy City Attorney, Jeremy Underwood, Planner and Cindy Gilchrist, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the February 8, 2018 Minutes from the Board of Adjustment meeting. Vice Chair Zarra made a motion to approve the minutes from the February 8, 2018 Board of Adjustment meeting as written. Board member Wilson 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 ITEM Chairperson Feiner called for staffs presentation on the public hearing items. 1. VAR17-12: Variance Application - Wilson Residence (The Legacy) at 5812 North 59th Avenue. The applicant is requesting a variance to allow 9' and 10' side yard setbacks, where 20' perimeter setbacks are required in the R-4 (Multiple Residence) Zoning District. This existing single-family residence is going to be modified so that it may be utilized as the future leasing office for the new Legacy Apartments. Staff Contact: Jeremy Underwood,Planner (623) 930-2553. March 8,2018 Board of Adjustment Minutes Page 2 Jeremy Underwood, Planner, stated this was a request by Rion Lane, Applicant/Brad Wilson to allow 9' and 10' side yard setbacks for an existing single-family residence, where a 20' perimeter setback is required in the R-4 Zoning District. He explained that this existing single-family residence is going to be modified so that it may be utilized as the future leasing office for the new Legacy Apartments. He discussed the property using a PowerPoint aerial map. On January 2, 2017, the applicant mailed notification letters to adjacent property owners and interested parties. Mr. Underwood stated the applicant did not receive any response regarding the request. Planning also received no comments or responses regarding the request. Mr. Underwood stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Underwood 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 staff believes that in conjunction with the designated zoning district, the width and the depth of the lot creates a special circumstance not self-imposed by the property owner. The allowance of reduced side yard setbacks, more typical of single-family residences,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 explained that the strict application of the Zoning Ordinance would limit the property to twenty-foot perimeter setbacks and reduce the buildable area of the property to a narrow 40' space in the center of the 80' wide lot. The intent of the R-4 (Multiple Residence) zoning district is to encourage development of multiple-residence dwellings in high-density urban development settings, and is not intended solely for typical single-family development. 3. The variance requested is the minimum.necessary to alleviate the property hardships. He said staff believes the requested 9' and 10' side yard setbacks allow for the requisite emergency access between the applicant's existing structure and the single-family residence to the south. The emergency access will allow for the required secondary emergency access for the future proposed Legacy Apartment complex to the west. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general. He said staff believes the requested modified setbacks will not have detrimental effects on adjacent properties, the surrounding neighborhood, or the City in general. March 8,2018 Board of Adjustment Minutes Page 3 In conclusion, Mr. Underwood stated that 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 as stated in the staff report. He noted that the development shall be in conformance with applicable site plan dated October 30, 2017 and project narrative dated November 28, 2017 and the applicant shall obtain all applicable City building permits for modifications to the existing structure. Chairperson Feiner asked the Board if they had any questions. Vice Chair Zarra noted that he was familiar with the area since he grew up there. He inquired as to what was meant when staff referred to Solano Drive as becoming available. Mr. Underwood stated that referred to the future development of Legacy Apartments to the west. Board member Cheshier said she had questions for the applicant. Chairperson Feiner inquired if the property to the south was being used as a single-family home. Mr. Underwood responded yes and added that it was not part of the variance request. Chairperson Feiner asked if they had been notified, specifically next door. Mr. Underwood replied yes, and they had no response. Chairperson Feiner called for the applicant to make a presentation. Mr. Rion Lane, applicant's representative, stated they were seeking a variance for the northern portion of the property line. He said he had a working knowledge of the neighbors to the north and south. He said they were hoping to maintain the visual structure integrity for the two properties that were next to each other. He explained that they will be creating an emergency vehicle access drive to come through since they need two access points. He was available to answer any questions the Board may have. Board member Cheshier inquired as to who owned the house to the south. Mr. Rion stated that Mr. Moreno owned that property. Board member Cheshier stated she had questions regarding the access path between the two properties. She asked if there were any requirements for the drive since she was having trouble locating the lot lines. Chairperson Feiner asked if she was having a problem with the emergency access drive. Board member Cheshier explained that she thought that was the primary access. Mr. Lane stated the primary drive was off of 59th Drive. He said the emergency lane will have a code and a gate for emergency personnel. He stated this drive entrance will be used for emergencies only and it will not be an issue to the property to the south. Chairperson Feiner asked if he has had conversations with Mr. Moreno to the south about this application. Mr. Lane stated he had and there were no objections to altering the building and them asking for the variance. Mr. Lane stated he hopes the Board approves the variance. March 8,2018 Board of Adjustment Minutes Page 4 Chairperson Feiner opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Feiner asked if there were any further comments or procedure guidance. 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 4-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. The Board responded with a 3-1 vote. (Martinez) Finding Three. Chairperson Feiner called for a voice vote on Finding Three. The Board responded with a 4-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. The Board responded with a 3-1 vote. (Chairperson Feiner) Chairperson Feiner called for a motion. Vice Chair Zarra made a motion to approve this item subject to the stipulations as noted in the staff report. Board Member Cheshier seconded the motion,Which was approved with a vote of 3-- 1. (Chairperson Feiner.) The motion passed. Chairperson Feiner called for any final comments from staff. Mr. Romney, Deputy City Attorney, stated anyone wishing to appeal this action would need to file a motion in Superior Court. OTHER BUSINESS FROM THE FLOOR Chairperson Feiner called for Other Business From The Floor. There was none. PLANNING STAFF COMMENTS AND SUGGESTIONS Chairperson Feiner called for Planning Staff Comments and Suggestions. Mr. Jim Cronk, Interim Planning Director, provided an update on the new Planning Administrator hiring date. He stated they were nearing the end of the hiring process with Human Resources currently conducting reference checks for the applicants. March 8,2018 Board of Adjustment Minutes Page 5 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 Cheshier made a motion to adjourn the meeting. Vice Chair Zarra seconded the motion,which was approved unanimously. The meeting adjourned at 4:30 p.m. NEXT MEETING: April 12, 2018 at 4:00 p.m.