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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/10/2019MINUTES BOARD OF ADJUSTMENT CITY OF GLENDALE CONFERENCE ROOM 2-A 5850 WEST GLENDALE AVENUE JANUARY 10,2019 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 Reginald Martinez and Michael Wilson were absent and excused. CITY STAFF David Williams, AICP, Planning Administrator, Kurt Christianson, Assistant City Attorney, George Gehlert, Planner, and Samantha Cope, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the September 13, 2018 Minutes from the Board of Adjustment meeting. Vice Chairperson Zarra made a motion to approve the minutes from the September 13,2018 Board of Adjustment meeting 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. Mr. Williams said there were none. PUBLIC HEARING ITEM Chairperson Feiner called for staffs presentation on the public hearing item. HABITAT FOR HUMANITY - VAR 18-06: A request by Tana Nichols, representing Habitat for Humanity, m a request for a variance from the Glendale Zoning Ordinance Section 5.420 R-3 Multiple Residence Zone Standards, including reductions in the required 20 foot minimum perimeter setback. The site includes a 4,083 square foot parcel located at 6602 North 54th Drive; and is located in the Ocotillo City Council District. APN 146-08-014. Staff Contact: George Gehlert, Planner (623-930-2597). Mr George Gehlert, Planner, stated this is a request by Tana Nichols, representing Habitat for Humanity, to allow for the constmction of a single-family home on a substandard lot. He said this is an existing lot which is 50 feet wide and is less than the normal R-3 standard of 60' or non-conforming. The current January 10,2018 Board of Adjustment Minutes Page 2 perimeter setback requirement is 20 feet, leaving a building envelope of only 10 feet wide for home development. Various reductions to the required 20-foot perimeter setback, specifically to 5 feet on the north (side) boundary, to 10 feet along the south (StreetSide) boundary, and to'18 feet in the rear. Mr. Gehlert stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Gehlert 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; He said the lot is an existing legal non-conforming parcel, as it does not comply with the city of Glendale minimum 60-foot width in the R-3 zone. 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; He stated the application of current (new) setback standards adopted for the R-3 zone would reduce the ability of this lot to feasibly support the development of a contemporary home (10 feet wide). 3. The variance is the minimum necessary to alleviate the property hardship; and He noted that if the lot were 60 feet wide as required, it would support a building envelope of 930 SF A two-story stmcture on that site could result in 1,860 SF of livable space. The current request is for a residence which is smaller in size to what would be allowed by right if the lot met the width requirement. 4.Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. He said the requested variance will impact only the subject lot and will not detrimentally affect any abuttmg or neighboring properties, nor the City in general. The variance will rectify an existing non-conformity. Mr. Gehlert stated the variance request appears to meet all four findings and should be approved. He 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 and site plan identified in the Citizen Participation Plan dated November 19, 2018. 2. Applicant shall obtain building permit from the City prior to construction. January 10,2018 Board of Adjustment Minutes Page 3 3. Submittal of front elevation which address architectural elements set out under the City of Glendale Residential Design and Development Manual, including garage recess, paint colors and detailing. Chairperson Feiner asked the Board if they had any questions. Board member Cheshier asked if the same setback requirements are required to build a duplex. Mr. Gehlert responded yes. Board member Cheshier asked if the storage in the back was in compliance. Mr. Williams stated it was not but will be addressed by code compliance. Chairperson Feiner called for the applicant to make a presentation. TanaNichols representing Habitat for Humanity, thanked staff for all their help with this application and the Commissioners for their consideration today. She stated they spent additional funds/hired a new architect, and came up with two new house plans that are both 35 feet in width. The plans will have 5 homes on one side and 10 on the other side. She detailed the one and two story plans. She indicated they were taking steps in doing their part to make sure the homes fit well in the lots. Board member Cheshier thanked the Habitat for Humanity staff for the fine work they do in the community and in Glendale. Ms. Nichols noted they appreciated their partnership with the city. Vice Chairperson Zarra asked for clarification on a photo depicting the house but it was not accurate. Ms. Nichols apologized and noted she did not have a photo of that specific house. She said she just wanted to bring a photo of what their homes looked like for anyone that had not seen them before. 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, the Assistant City Attorney 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. January 10,2018 Board of Adjustment Minutes Page 4 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. Board Member Cheshier made a motion to approve this item subject to the stipulations as noted in the staff report. Vice Chair Zarra seconded the motion, which was approved with a vote of 4 to 0. The motion passed. Chairperson Feiner stated anyone wishing to appeal this action would need to file a motion in Superior Court. HABITAT FOR HUMANITY - VAR 18-07: A request by Tana Nichols, representing Habitat for Humanity, m a request for a variance from the Glendale Zoning Ordinance Section 5.410 R-2 Multiple Residence Zone Standards, in order to reduce the required side yard setbacks from 15 feet to 10 feet for a 6,808 square foot parcel located at 5321 West Orangewood Avenue; and is in the Ocotillo City Council District. APN 147-18-164. Staff Contact: George Gehlert, Planner (623-930-2597). Mr George Gehlert, Planner, stated this is a request by Tana Nichols, representing Habitat for Humanity to allow for the construction of a single-family home on a substandard lot. This is an existing lot which is 50 feet wide and is less than the normal R-3 standard of 60' or non-conforming. The current perimeter setback requirement is 20 feet, leaving a building envelope of only 10 feet wide for home development. He stated the proposal is to build a 2-story single-family residence of 1,610 SF under roof (including porches and garages), located at the NW comer ofMcLellan and 54th Dr. He noted the 20-foot setback would be retained in the front, while reduced to 18 feet in the rear. The side setbacks would be 5 feet along the north property line; and 10 feet along McLellan Street. Mr. Gehlert stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Gehlert 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; He stated the lot is an existing legal non-conforming parcel, as it does not comply with the city of Glendale minimum 60-foot width in the R-3 zone. 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; January 10,2018 Board of Adjustment Minutes Page 5 He noted the application of current (new) setback standards adopted for the R-3 zone would reduce the ability of this lot to feasibly support the development of a contemporary home (10 feet wide). 3. The variance is the minimum necessary to alleviate the property hardship; and He explained that if the lot were 60 feet wide as required, it would support a building envelope of 930 SF. A two-story structure on that site could result in 1,860 SF of livable space." The cim-ent request is for a residence which is smaller in size to what would be allowed by right if the lot met the width requirement. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. He said 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. Mr. Gehlert^tated the variance request appears to meet all four findings and should be approved. He added if the Board decides to grant the variance, it should be subject to the following stipulations: 1. 2. 3. Development shall be in conformance with the applicant's narrative and site plan identified in the Citizen Participation Plan dated November 19,2018. Applicant shall obtain building permit from the City prior to construction. Submittal of front elevation which address architectural elements set out under the City of Glendale Residential Design and Development Manual, including garage recess, paint colors and detailing. Chairperson Feiner asked the Board if they had any questions. There were none. Chairperson Feiner called for the applicant to make a presentation. Tana Nichols, representing Habitat for Humanity, stated she wanted to point out that this lot was a single family home and one of the newer designs. She noted that other than that point, she had nothing further to add to staff presentation. She was glad to continue her partnership with Glendale. 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. Board member Dietzman commented that a two-story home is stated where it should read one story. Ms. Nichols agreed and explained there was actually only one two-story home and the other three were single story. Mr. Williams noted the error in the staff report for the record and said it will be corrected. Mr. Williams stated that for the record this agenda item was for a one-story home. January 10,2018 Board of Adjustment Minutes Page 6 Based on the facts and evidence presented, the Assistant City Attorney 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 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. Chairperson Feiner stated anyone wishing to appeal this action would need to file a motion in Suneri( Court. HABITAT FOR HUMANITY - VAR 18-08: A request by Tana Nichols, representing Habitat for Humanity, m a request for a variance from the Glendale Zoning Ordinance Section 5.410 R-2 Multiple Residence Zone Standards, in order to reduce the required side yard setbacks from 15 feet to 10 feet for a 7,157 square foot parcel located at 5327 West Orangewood Avenue; and is in the Ocotillo City Council District. APN 147-18-165. Staff Contact: George Gehlert, Planner (623-930-2597). Mr. George Gehlert Planner, stated this is a request by Tana Nichols, representing Habitat for Humanity, to build a 2-story single family residence of 1,556 SF (livable). He said the 15-foot setback would be retained in the front, and rear. He said the side setbacks would be reduced to 10 feet. Mr. Gehlert stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Gehlert reviewed staffs findings. January 10,2018 Board of Adjustment Minutes Page? lu__- .There arf SPecialcircumstances or conditions applicable to the property including its size, shape, topography, location, or surroundings, which were not self-imposed by the owner; He stated this lot^complies with the minimum width and depth standards in the R-2 zone, but does not meet overall lot size minimum requirement of 10,000 SF. 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 cYassTficationm the sam^ zoning district; He noted the applicant is proposing to build a single-family home on a lot that would also accommodate myl tifamUy development. The 7,200 SF size'of the lot is more comparable" to development in the Rl-6 zone, which requires side setbacks of 10 feet on one side and five feet on the other; while also maintaining 15 feet of separation between adjacent residences"." He said'this proposal would meet that standard. 3.The variance is the minimum necessary to alleviate the property hardship; and He explained that at 60 feet wide, the lot would support a building envelope of 2,700 SF. A two- story structure on that site could result in 5,400 SF of livable space. The* current request is for a residence which is smaller in size than what would be allowed by right. 4. Granting the variance will not have a detrimental effect on the property, adjoinii the surrounding neighborhood, or the city in general, -^--o r- "f- , He said 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 existii non-conformity. Mr. Gehlert^stated the variance request appears to meet all four findings and should be approved. He added if the Board decides to grant the variance, it should be subject to the following stipulations: Development shall be_in conformance with the applicant's narrative and site plan identified in the Citizen Participation Plan, dated November 19,2018. Applicant shall obtain building permit from the City prior to construction. Submittal of front elevation which address architectural elements set out under the City of Glendale Residential Design and Development Manual, including garage recess, paint colors and detailing. 1. 2. 3. Chairperson Feiner asked the Board if they had any questions. There were none. Chairperson Feiner called for the applicant to make a presentation. January 10,2018 Board of Adjustment Minutes PageS Tana Nichols, representing Habitat for Humanity, stated that again they were using their new plan design. She added the new plan designs have been submitted to the city for review. She explained the new designs have the same footprint as well as a more square shape. 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, Assistant City Attorney 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 stipulations as noted in the staff report. Board Member Cheshier seconded the motion, which was approved with a vote of 4 to 0. The motion passed. Chairperson Feiner stated anyone wishing to appeal this action would need to file a motion in Superior Court. HABITAT FOR HUMANITY - VAR 18-09: A request by Tana Nichols, representing Habitat for Humanity, in a request for a variance from the Glendale Zoning Ordinance Section 5.420 R-3 Multiple Residence Zone Standards, including reductions in the required 20 foot minimum perimeter setback. The site includes a 7,000 square foot parcel located at 6612 North 54th Avenue; and is part of the Ocotillo City Council District. APN 146-08-038. Staff Contact: George Gehlert, Planner (623-930-2597). Mr. George Gehlert, Planner, stated this is a request by Tana Nichols, representing Habitat for Humanity, to allow for the construction of a single-family home on a substandard width lot. He indicated this is an January 10,2018 Board of Adjustment Minutes Page 9 existing lot which is 50 feet wide and is non-conforming with the R-3 standard of 60.' In addition, the current perimeter setback requirement is 20 feet, leaving a building envelope of only 10 feet wide for home development. He explained the proposal is to build a 2-story single family residence of 1,556 SF (livable), located along the west side of 54th Avenue. The 20-foot setback would be retained in the front, and rear. He said the side setbacks would be 10 feet along the north property line; and 5 feet along the south boundary. Mr. Gehlert stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Mr. Gehlert 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; He stated the lot is an existing legal non-conforming parcel, as it does not comply with the City of Glendale minimum 60-foot width in the R-3 zone. 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; He said the application of current (new) setback standards adopted for the R-3 zone would cause this lot feasibly to support the development of a functional home (10 feet wide). 3. The variance is the minimum necessary to alleviate the property hardship; and He noted that if the lot were 60 feet wide as required, it would support a building envelope of 2,000 SF A two story structure on that site could result in 4,000 SF of livable space. The current request is for a residence which is smaller in size to what would be allowed by right if the lot met the width requirement. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. He said 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. Mr. Gehlert stated the variance request appears to meet all four findings and should be approved. He 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 and site plan identified in the Citizen Participation Plan, dated November 19,2018. January 10,2018 Board of Adjustment Minutes Page 10 2. Submittal of front elevation which address architectural elements set out under the City of Glendale Residential Design and Development Manual, including garage recess, paint colors and detailing. Chairperson Feiner asked the Board if they had any questions. There were none. Chairperson Feiner called for the applicant to make a presentation. Tana Nichols representing Habitat for Humanity, stated again they will be using the new design plans with this single story home. She thanked them for their time and cooperation on this project that will greatly benefit the Glendale community. 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, the Assistant City Attorney 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 stipulations as noted in the staff report. Board Member Cheshier seconded the motion, which was approved with a vote of 4 to 0. The motion passed. Chairperson Feiner stated anyone wishing to appeal this action would need to file a motion in Superior Court. January 10,2018 Board of Adjustment Minutes Page 11 PLANNING STAFF COMMENTS AND SUGGESTIONS Mr. Williams stated the city's Governance Committee is responsible to fill vacancies on committees and boards. He said there was one vacancy on this board they were trying to fill. The Committee will also be working on updating the Chair or Vice Chair on the Board. He will keep the Board updated on any changes. Mr Williams stated that in 2018, the city saw a big surge in developmental activity. He said they were up 38% in case increase activity. He updated the Commissioners on new annexation, infill property policies, and code changes happening in the city. BOARD COMMENTS AND SUGGESTIONS Board Member Cheshier commented on term limits and asked how that process worked. Mr. Williams explained the Governance Committee decides those issues along with guidance from City Council as well as seniority playing a part in decision on selecting a Chair or Vice Chair. Mr. Williams suggested Board Member Cheshier send an email to the committee if she is interested in a Chair position. ADJOURMENT With no further business, Chairperson Feiner called for a motion to adjourn. Vice Chair Zarra made a motion to adjourn the meeting. Board member Cheshier seconded the motion, which was approved unanimously The meeting adjourned at 5:04 p.m. NEXT MEETING: The next regular meeting of the Board of Adjustment is tentatively scheduled for February 14, 2019 at 4:00 p.m, in conference room B-3 of the Council Chambers Building, located at 5850 W. Glendale Avenue, Glendale, Arizona, 85301. Samantha Cope Recording Secretary