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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/13/2018MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT CITY HALL COMPLEX 5850 WEST GLENDALE AVENUE CONFERENCE ROOM B-3 SEPTEMBER 13, 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, Carl Dietzman, Vice Chair Erminie Zarra, and Chairperson Lawrence Feiner were present. BOARD MEMBERS ABSENT: Board members Michael Wilson and Reginald Martinez were absent. CITY STAFF David Williams, AICP, Planning Administrator, Russ Romney, Deputy City Attorney, Dm Maynus, Planner, and Diana Figueroa, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the March 8, 2018 Minutes from the Board of Adjustment meeting. Board member Dietzman made a motion to approve the minutes from the March 8, 2018 Board of Adjustment meeting as written. Vice Chairperson Zarra seconded the motion, which was approved unanimously. WITHDRAWALS AND CONTINUANCES Chairperson Feiner asked staff if there were any requests for withdrawals or continuances. Mr. Williams said there were none. PUBLIC HEARING ITEM Chairperson Feiner called for staffs presentation on the public hearing item. DECKER PATIO COVER VAR18-02: A request by James D. Rush, representing Diane Decker (Owner), for approval of a Variance to reduce the rear yard setback to 40' where 50' is required, reduce the front yard setback to 40' feet where 75' is required, decrease the side yard setback to 25' where 50' is required, and increase the maximum lot coverage to 20% where 10% is the maximum allowed in the A-l (Agricultural) Zoning District. This site is located near the northwest corner of Cholla Street and 59 Avenue (5940 West Cholla Street) and is in the Barrel District. Staff Contact: Dru Maynus, Planner (623)930-2810. September 13,2018 Board of Adjustment Minutes Page 2 Ms. Dru Maynus, Planner, stated this is a request by Mr. James D. Rush, representing the homeowner Diane Decker, for approval of a variance to reduce the rear yard setback to 40' where 50' is required, reduce the front yard setback to 40' feet where 75' is required, decrease the side yard setback to 25' where 50' is required, and increase the maximum lot coverage to 20% where 10% is the maximum allowed in the A-l (Agricultural) Zoning District. She stated property is located near the northwest comer of Cholla Street and 59th Avenue at 5940 West Cholla Street and is in the Barrel District. She stated the request will mimic the RR-45 (Rural Residential) Zoning District and will therefore rectify the existing residence from encroaching into the front and side yard setbacks. She explained the request will allow for the construction of a new patio cover that will be attached to the existing residence and future improvements on the lot. The first indication of this property being constructed was in the early 1970s. However, the property was annexed into the City ofGlendale on December 26, 1984, which resulted in the A-l Zoning District being assigned to the lot. Therefore, ultimately creating the legal non-conformity. Ms. Maynus stated the Board of Adjustinent must analyze four findings based on the evidence in the record prior to granting a variance. M.S. Maynus reviewed staffs 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; The 58,003 square foot (201 ft. x 289 ft.) lot is an existing legal non-conforming parcel, as it does not comply with the city of Glendale minimum 40-acre lot size nor does the primary structure comply with A-l zoning setback standards. Per Ordinance 1329, the area was annexed into the City on December 26, 1984, which was approximately 10 years after the initial construction of the single-family residence. It was after the annexation that the parcel and the property was assigned as A-l zoning, despite no typical agricultural uses taking place at the site. The property was legally developed prior to annexation. 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 existing property which was constructed in the early 1970s is approximately 1,200 square feet in size and is currently encroaching into the front and east side yard setback. The strict application of the Zoning Ordinance on this existing legal non-confonning A-1 lot would prohibit the applicant from constructing a patio or many other house or lot additions that are typically found on single- family properties of this size. To add, the applicant is asking for a 20% lot coverage, which is consistent with the RR-45 lot coverage maximum of 20%. It is important to note that the lot most closely resembles the uses, character, and size of an RR-45 single-family residential lot, however, the property is being deprived privileges that are currently being enjoyed by other legal non- conforming properties that abut the project site to the north. September 13,2018 Board of Adjustment Minutes Page 3 3. The variance is the minimum necessary to alleviate the property hardship; and The requested reduction of setbacks and increase to the maximum lot coverage will allow for the construction of the 480 square foot attached patio stmcture, and future house/lot additions that many other surrounding and abutting residences with the same lot size enjoy 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 variance will impact only the subject lot and will not detrimentally affect any abutting or neighboring properties, nor the City in general. The variance will rectify an existing non-conformity that was brought about during the annexation of the property in 1984. Further, the variance request will allow the existing residence to expand in size and provide necessary improvements to the existing residence; which will enhance the property and permit the residence to match the character of the existing neighborhood. Ms. Maynus stated the variance request appears to meet all four findings and should be approved. She added if the Board decides to grant the variance, it should be subject to the following stipulations: 1. Development shall be in conformance with the applicant's narrative, date stamped August 20, 2018 and the applicant's site plan, dated August 20, 2018. 2. Applicant shall obtain building permit from the City for the proposed attached patio cover or any other structure or building prior to constmction. 3. Maximum Lot Coverage shall not exceed 20%. 4. The attached patio cover structure or any other structure or building shall match the primary structure in color. Chairperson Feiner asked the Board if they had any questions. Board member Cheshier asked what the General Plan designation is for the area. She also asked for clarification of 20% coverage. She asked about the proposed setbacks. Ms. Maynus explained the request is for the front setbacks. She displayed a site plan for clarification. She added the General Plan designation is Low Density Residential. Board member Cheshier asked if this type of request is typical for an A-l zoned property. Ms. Maynus responded yes. Board member Cheshier asked for information regarding the citizen who expressed opposition to this request. Ms. Maynus stated the citizen resides approximately five miles from this property. He had concerns with the application being too large of a request. September 13,2018 Board of Adjustment Minutes Page 4 Chairperson Feiner called for the applicant to make a presentation. Mr. James D. Rush, applicant, stated he agrees with staffs presentation and is available for questions. 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 roll call 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. Board member Cheshier voted aye. Vice Chairperson Zarra voted aye. Board member Dietzman voted aye. Chairperson Feiner voted aye. The Board responded with a 4-0 vote. Finding Two. Chairperson Feiner called for a voice vote on Finding Two. Board member Cheshier voted aye. Vice Chairperson Zarra voted aye. Board member Dietzman voted aye. Chairperson Feiner voted aye. The Board responded with a 4-0 vote. Finding Three. Chairperson Feiner called for a voice vote on Finding Three. Board member Cheshier voted aye. Vice Chairperson Zarra voted aye. Board member Dietzman voted aye. Chairperson Feiner voted aye. The Board responded with a 4-0 vote. Finding Four. Chairperson Feiner called for a voice vote on Finding Four. Board member Cheshier voted aye. Vice Chairperson Zarra voted aye. Board member Dietzman voted aye. Chairperson Feiner voted aye. The Board responded with a 4-0 vote. Chairperson Feiner called for a motion. Vice Chair Zarra made a motion to approve this item subject to the four stipulations as noted in the staff report. Board Member Dietzman seconded the motion, which was approved with a vote of 4 to 0. The motion passed. Mr. Romney, Deputy City Attorney, stated the Board's decision is final; anyone wishing to appeal this action would need to file a motion in Superior Court. PLANNING STAFF COMMENTS AND SUGGESTIONS Chairperson Feiner called for Planning Staff Comments and Suggestions. Mr. David Williams, Planning Administrator, provided information regarding staffing in the Planning Division. He said funding for updating of the Zoning Code update was approved for this fiscal year. Mr. Williams offered training for the Chairperson and Board members as an opportunity to become more familiar with Robert's Rules of Order, the public hearing process, making motions as well as how inner procedures operate. September 13,2018 Board of Adjustment Minutes Page 5 BOARD COMMENTS AND SUGGESTIONS Chairperson Feiner called for Board Comments and Suggestions. Board member Cheshier stated she is very interested in receiving training. She hopes others will take advantage of the training. She also questioned term limits. Mr. Williams explained that term limits are no longer in effect. He said the reason behind it could be not to terminate good members off Boards but rotate them in different roles. Chairperson Feiner said he recently received a letter asking him to re-enlist as Chair. The Board members discussed term limits, meeting procedures and upcoming meeting schedules. 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 4:39 p.m. NEXT MEETING: October 11, 2018 (VACATED) November 15, 2018 at 4:00 p.m. Diana Figueroa Recording Secretary