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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 3/14/2019MINUTES BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE MARCH 14, 2019 4:00 PM CALL TO ORDER The meeting was called to order at approximately 4:00 p.m. ROLL CALL Board members, Lawrence Feiner, Benjamin Naber, Vice Chair Cathy Cheshier, and Chairperson Erminie Zarra were present. BOARD MEMBERS ABSENT: Michael Wilson was absent and excused. CITY STAFF David Williams, AICP, Planning Administrator, Kurt Christianson, Assistant City Attorney, Dru Maynus, Planner, Jeremy Underwood, Planner and Samantha Cope, Recording Secretary were present. APPROVAL OF THE MINUTES Chairperson Feiner called for approval of the January 10, 2019 Minutes from the Board of Adjustment meeting. Vice Chair Cheshier made a motion to approve the minutes from the January 10, 2019 Board of Adjustment meeting as written. Board member Feiner seconded the motion, which was approved unanimously. WITHDRAWALS AND CONTINUANCES Chairperson Zarra asked staff if there were any requests for withdrawals or continuances. Mr. Williams said there were none. PUBLIC HEARING ITEM Chairperson Zarra called for staff's presentation on the public hearing item. FERRALES VARIANCE VAR18-01: A request by Maribel Ferrales for approval of a Variance to reduce the required width of the parcel to 50 feet where 60 feet is the minimum, reduce the parcel depth to 75 feet where 94 feet is the minimum requirement. Further, the applicant is requesting to reduce the east side yard setback to 3 feet, the west side yard to 10 feet, the front yard setback to 8 feet, and the rear yard setback to 3 feet where 20 feet perimeter setback is the minimum for the R-3 Zoning District. Lastly, the applicant is requesting to allow a single car driveway where a double car driveway is required to construct a new home. The site is located near the southwest corner of W. Lamar Road and 59th Avenue (5945 W. Lamar Road / APN: 144-10- 105) and is in the Ocotillo District. Staff Contact: Dru Maynus, Planner (623) 930-2810. March 14, 2019 Board of Adjustment Minutes Page 2 Ms. Dru Maynus, Planner, stated this is a request by Maribel Ferrales for approval of a Variance to reduce the required width of the parcel to 50 feet where 60 feet is the minimum, reduce the parcel depth to 75 feet where 94 feet is the minimum requirement. Further, the applicant is requesting to reduce the east side yard setback to 3 feet, the west side yard to 10 feet, the front yard setback to 8 feet, and the rear yard setback to 3 feet where 20 feet perimeter setback is the minimum for the R-3 Zoning District. Lastly, the applicant is requesting to allow a single car driveway where a double car driveway is required to construct a new home. She added that the property is located within the Orchard Addition to Glendale subdivision that was approved in October 1908, prior to any zoning being enacted for the city. Further, the property is a portion of lot 41 of Orchard Addition to Glendale subdivision which appears to have been split at some point in the past. Based on available historical aerial data from Maricopa County Assessor's, it appears the subject site has been vacant and split since the early 1990's prior to being purchased in 2005 by the current property owners. Ms. Maynus stated that on December 3, 2018, the applicant mailed notification letters to adjacent property owners and interested parties. She noted the applicant did not receive any response regarding the request. Planning did not receive any response regarding the request either. Ms. Maynus stated the Board of Adjustment must analyze four findings based on the evidence in the record prior to granting a variance. Ms. Maynus reviewed staff s 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; Ms. Maynus stated the 3,694 square foot lot (75' ft. x 50' ft.) is an existing legal non -conforming parcel, as it does not comply with the city of Glendale's minimum 6,000 square foot lot size nor does it comply with the minimum lot depth and lot width dimensions for R-3 properties. As stated previously, the property is a portion of lot #1 of Orchard Addition to Glendale subdivision which has been vacant since the 1990's and appears to have been split at some point in the past prior to being purchased in 2005 by the current property owners. To add, the lot size; and lot width and depth create special circumstances that were not self-imposed by the current property owners. As a result, in order to construct a new home on this existing legal non -conforming lot it requires some level of relief from the R-3 development standards. 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; Ms. Maynus stated the existing legal non -conforming parcel has been vacant and undersized for several decades. Although the property is zoned multiple residence the Zoning Ordinance does permit single-family residences to be constructed; therefore, the strict application of the Zoning March 14, 2019 Board of Adjustment Minutes Page 3 Ordinance on this legal non -conforming R-3 parcel would prohibit the applicant from construction of a house that is typically found in this neighborhood. She said that it is important to note that the lot most closely resembles the size and dimensions of an R14 single-family residential lot. However, the Zoning Ordinance is limiting the property to twenty (20) foot side setbacks which ultimately restricts any house from being built on the lot. As a result, the property is being deprived privileges that are currently being enjoyed by other legal non -conforming properties that abut and surround the subject property. 3. The variance is the minimum necessary to alleviate the property hardship; and Ms. Maynus stated the requested reduction of the lot depth, lot width, and setbacks are the minimum necessary to construct a typically sized single-family residential home on the lot. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. Ms. Maynus stated the requested variance will only impact the subject lot and will not detrimentally affect abutting properties, not the City in general. The requested building setbacks are consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. 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 February 27, 2019 and the applicant's site plan date stamped February 27, 2019. 2. The applicant shall obtain building permits from the City for the proposed house prior to construction. 3. The maximum lot coverage shall not exceed 50 percent. 4. All mechanical equipment shall be ground mounted. Chairperson Zarra asked the Board if they had any questions. There were none. Chairperson Zarra called for the applicant to make a presentation. The applicant did not wish to speak. Chairperson Zarra opened the public hearing. With no one wishing to speak, he closed the public hearing. Chairperson Zarra asked if there were any further comments or procedure guidance. Board member Feiner stated that was the smallest rezone lot he has seen yet. Vice Chair Cheshier asked if trash was collected in the alley. Ms. Maynus responded yes since the neighboring homes put theirs in the alley. Vice Chair Cheshier asked were the curb cut was on Lamar March 14, 2019 Board of Adjustment Minutes Page 4 Avenue and was it wide enough to access into this lot. Ms. Maynus responded yes. The cut was wide enough for a single car to access the driveway. She added that staff has reviewed that aspect. Vice Chair Cheshier asked if there had been any issues with traffic coming out of Lamar. Ms. Maynus explained. Vice Chair Cheshier asked who owns and maintains that driveway. Mr. Williams stated that it appears to be in the right-of-way which means it will be maintained by the city. However, if not, the owner will be maintaining it. Mr. Williams noted that this will still have to go through the city for review before any permits are issued. Based on the facts and evidence presented, the Assistant City's Attorney requested a roll call vote from the Board. He read each finding and waited as the Board responded. Finding One. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Finding Two. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Finding Three. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Finding Four. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Chairperson Zarra called for a motion. Board member Feiner made a motion to approve this item subject to the stipulations as noted in the staff report. Board member Naber seconded the motion, which was approved with a vote of 4 to 0. The motion passed. Chairperson Zarra stated anyone wishing to appeal this action would need to file a motion in Superior Court. MILLER-HARDEE RESIDENCE VAR18-05: A request by Jason Comer (Architect), representing Rob Hardee & Holly Miller (Owner), for a Variance to allow a reduction in the required setback for an accessory structure from 8' 6" to 6' for the side yard setback and 8' for the rear yard setback. The request relates to a proposed 1,000 sq. ft. accessory structure in the rear yard of a single-family residence in the R-2 (Mixed Residence) Zoning District. The site is located at 15268 N. 52nd Drive, north of the 52nd Drive & Caribbean Lane intersection and is in the Sahuaro District. Staff Contact: Jeremy Underwood, Planner, (623) 930-2553. March 14, 2019 Board of Adjustment Minutes Page 5 Mr. Jeremy Underwood, Planner, stated this is a request by Jason Comer (Architect), representing Rob Hardee & Holly Miller (Owner), for a Variance to allow a reduction in the required setback for an accessory structure from 8' 6" to 6' for the side yard setback and 8' for the rear yard setback. He said the request relates to a proposed 1,000 sq. ft. accessory structure in the rear yard of a single-family residence in the R-2 (Mixed Residence) Zoning District. Mr. Underwood stated this portion of Glendale was annexed into the City on November 14, 1967. At the time of annexation, the subject property was zoned A-1 (Agricultural). In 1972, the property was rezoned to R-2 and it was platted for a residential subdivision (subject property is Lot #1786 of Deerview Unit 17 subdivision). He explained the first indication of a structure being constructed on this site appears to be sometime around 1973. Through Zoning Ordinance amendments in 1983 and 1993, many of the structures within this development, including the subject property, do not meet setbacks currently prescribed by development standards for primary and accessory structures. Mr. Underwood noted that on December 14, 2018, the applicant mailed notification letters to adjacent property owners and interested parties. Staff received one comment opposed to the proposal from a citizen on the interested parties list, not a neighbor to the subject property. He said three neighboring property owners have included letters of support for the proposal. 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 staff s 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; Mr. Underwood stated the width and orientation of the lot (at the end of a cul-de-sac) creates a special circumstance not self-imposed by the property owner. He said the construction of a new detached garage/accessory structure 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 of the same classification in the same zoning district; Mr. Underwood stated the strict application of the Zoning Ordinance would limit the size of any detached accessory structures in the rear/side yard and vehicular access to such an accessory structure would be restricted despite the property size of 12,400 s.f. 3. The variance is the minimum necessary to alleviate the property hardship; and Mr. Underwood stated the requested accessory structure setbacks are the minimum necessary to construct the size of building proposed by applicant. March 14, 2019 Board of Adjustment Minutes Page 6 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. Mr. Underwood stated the requested building setbacks are consistent with other properties in the surrounding area, of similar size, and will not detrimentally affect any neighboring properties or the city in general. Mr. Underwood 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 applicable site plan & elevations, date-stamped received, October 8, 2018 and the narrative dated October 4, 2018. 2. If approved, a City of Glendale building permit shall be obtained prior to commencement of construction. Chairperson Zarra asked the Board if they had any questions. There were none. Chairperson Zarra called for the applicant to make a presentation. Rob Hardee, applicant and owner of the property stated that his proposed structure was going to only be used to house his brand new truck and boat and will not be used for commercial use. He explained that most of the surrounding neighbors are in support of this and were here today. He noted that this will also bring up the value of the surrounding properties. Jason Comer, Architect was also on hand to speak on this item but noted that staff did a good job of explaining the case. He summarized staff's presentation. Board member Naber asked if there was going to be access to the main road. Mr. Comer replied no, adding that there was not an option for that. Board member Naber asked how tall the structure will be. Mr. Comer stated they were going for a 10 foot building and the max would be 15 feet. The roof will be slanted to keep the height down. He added that the roof on the home will also be done to match the new building. Vice Chairperson Cheshier commented to staff about the cul-de-sac being a reason that qualifies as a hardship. Mr. Underwood stated the width and orientation of the lot and the irregular angle deprives the property owner of privileges enjoyed by others. He explained the area where the pool was as well as the driveway which further restricts the area. Mr. Comer added that if this was a square lot like others in the neighborhood, they would not be here asking for this variance. He said that area was completely irregular. Mr. Williams commented on the R-2 zoning aspect along with a strange irregular lot. He noted that looking at the aerial, there were six lots that are similar to this one. He explained that they were looking for equality and substantial enjoyment of property rights. Chairperson Zarra opened the public hearing. With no one wishing to speak, he closed the public hearing. March 14, 2019 Board of Adjustment Minutes Page 7 Chairperson Zarra asked if there were any further comments or procedure guidance. Vice Chair Cheshier asked to go into Executive Session. Vice Chair Cheshier made a motion to go into Executive Session. Chairperson Zarra seconded the motion. The motion carried. Chairperson Zarra ended the Executive Session. Based on the facts and evidence presented, the Assistant City's Attorney requested a roll call vote from the Board. He read each finding and waited as the Board responded. Finding One. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted no. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 3-1 vote. Finding Two. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Finding Three. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Finding Four. Chairperson Zarra called for a voice vote on Finding One. Board member Feiner voted aye. Vice Chairperson Cheshier voted aye. Board member Naber voted aye. Chairperson Zarra voted aye. The Board responded with a 4-0 vote. Chairperson Zarra called for a motion. Board member Feiner made a motion to approve this item subject to the stipulations as noted in the staff report. Board Member Naber seconded the motion, which was approved with a vote of 4 to 0. The motion passed. Chairperson Zarra stated anyone wishing to appeal this action would need to file a motion in Superior Court. PLANNING STAFF COMMENTS • Mr. Williams stated they were currently going through the annual budget process review by City Council and Management. He said two staff positions are being requested in the Planning Division due to the increased workload and understaffing. • Staff invited everyone to the Annual Historic Preservation Bus Tour on May 4, 2019. March 14, 2019 Board of Adjustment Minutes Page 8 Staff was glad to announce that the city's appreciation dinner for Glendale's Boards and Commissions will be held at Saguaro Ranch Park a week from today. He hopes everyone can make it. Staff noted the Resignation of Board member Dietzman. Mr. Dietzman served the city for 14 years. The city and staff thanked him for his work and dedication to Glendale. Staff will be looking to fill the two vacancies in Board of Adjustments. BOARD COMMENTS AND SUGGESTIONS Chairperson Zarra asked for any comments from the Board. There were none. ADJOURMENT With no further business, Chairperson Zarra called for a motion to adjourn. Board member Feiner made a motion to adjourn the meeting. Board member Naber seconded the motion, which was approved unanimously. The meeting adjourned at 5:O1p.m. NEXT MEETING: The next regular meeting of the Board of Adjustment is scheduled for April 11, 2019 at 4:00 p.m., in conference room B-3 of the Council Chambers Building, located at 5850 W. Glendale Ave, Glendale, Arizona, 85301. Samantha Cope Recording Secretary