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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 8/29/2019MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING CITY HALL, CONFERENCE ROOM 2A 5850 W. GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, AUGUST 29, 2019 12:00 PM CALL TO ORDER The meeting was called to order at 12:06 PM. ROLL CALL Committee members present: Chairperson Erminie Zarra, Vice Chair Cathy Cheshier, Lawrence Feiner, Benjamin Naber, and Philip Arnold were present. Committee members absent: Veronica Flores was absent. City staff present: Lisa Collins (Interim Planning Administrator), Samantha Cope (Administrative Support Staff), Russ Romney (Deputy City Attorney), and Kurt Christianson (Assistant City Attorney) were present. CITIZEN COMMENTS Chairperson Zarra asked for citizen comments, and no citizen comments were made. APPROVAL OF THE MINUTES There was a motion to approve the June meeting minutes made by Vice Chair Cheshier and seconded by Mr. Naber. All in favor, and none opposed. WITHDRAWALS AND CONTINUANCES There were no withdrawals and continuances on the agenda. EXECUTIVE SESSION Chairperson Zarra called for a motion to move into an executive session items. A motion was made by Mr. Naber, and seconded by Mr. Feiner. All in favor, and none opposed. After the board voted in private, they returned to a public session. STAFF REPORT Ms. Collins did not have a staff report. BOARD COMMENTS AND SUGGESTIONS No other business, board comments, or suggestions were made. NEXT MEETING The next meeting will take place Thursday, September 12, 2019, at 4 PM. ADJOURNMENT Mr. Feiner made a motion to adjourn the meeting, and it was seconded by Mr. Naber. All in favor, and none opposed. Samantha Cope Recording Secretary 2 MINUTES BOARD OF ADJUSTMENT CITY HALL, CONFERENCE ROOM 2A 5850 W. GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, SEPTEMBER 12, 2019 4:00 PM CALL TO ORDER The meeting was called to order at 4:00 PM. ROLL CALL Committee members present: Chairperson Erminie Zarra, Vice Chair Cathy Cheshier, Lawrence Feiner, Benjamin Naber, and Philip Arnold were present. Committee members absent: Veronica Flores was absent. City staff present: Lisa Collins (Interim Planning Administrator), George Gehlert (Planning Staff) Samantha Cope (Administrative Support Staff), and Russ Romney (Deputy City Attorney) were present. CITIZEN COMMENTS Chairperson Zarra asked for citizen comments, and no citizen comments were made. APPROVAL OF THE MINUTES None. WITHDRAWALS AND CONTINUANCES Lisa Collins noted that there is a case (VARIANCE 19-13) that will be continued through October 10th, and Item 7 (ZIL 19-02) does not have a firm date for the case, so it will be re - advertised and back on the agenda when ready. PUBLIC HEARING ITEMS HARVEST MEDICAL MARIJUANA DISPENSARY VARIANCE VAR19-07: Ms. Collins provided a synopsis of this variance. This is a request by Adam Baugh on behalf of Withey Morris PLC, representing Heatherwood Partners LLC, for a variance to reduce the distance between the proposed Medical Marijuana Dispensary and a residentially zoned property to 438 feet where 500 feet is required and for a variance to reduce the distance between the proposed Medical Marijuana Dispensary to 80 feet where 5,280 feet is required. The site is located southeast of the southeast corner of 59th Avenue and Thunderbird Road (13 621 North 59th Avenue and is in the Sahuaro District. This request is to move this dispensary from one location to another in the same shopping center. 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. 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. 3. "The variance is the minimum necessary to alleviate the property hardship. 4. "Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the City in general." Once Ms. Collins concluded her presentation, she clarified some information to alleviate Vice Chair Cheshier's concerns about the location. Ms. Collins clarified that the new dispensary location will not allow for an opportunity for a new dispensary to open in the original dispensary location. The state and the city would have to sanction this, and it would be nearly impossible for this to occur. Mr. Adam Baugh then discussed the Harvest Dispensary relocation on behalf of Withey Morris, PLC. He began discussing the issues that are occurring in the current dispensary location. One of the reasons for the request to relocate is due to the small number of parking spaces. Mr. Baugh explained that "Relocating the dispensary doesn't change the status quo. A dispensary exists today, and the new one will essentially be across from the old one. The old one will be closed once the move is complete." He added, "Relocating the dispensary triggers technical spacing variances, but it doesn't change any practical effect because it is an existing site." Also, there will be six new parking spaces added to the center if this move is approved. Once Mr. Baugh concluded, the board was able to ask questions. Vice Chair Cheshier asked why both locations would be open for ten days while they transition from one place to another. Mr. Baugh explained that due to the state approval process, there has to be some overlap. Vice Chair Cheshier asked how many dispensaries are allowed per CHAA, and Mr. Baugh stated that it's one dispensary per area. From here, the board votes per each finding. 1. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." 2. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." 3. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." 4. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." Mr. Feiner made a motion to grant the variance subject to the stipulations, and Mr. Naber seconded. During the roll call vote, Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." The variance was approved. 2 BAICEAN BEDROOM ADDITION VARIANCE VAR19-09: Mr. Gehlert made a presentation for VAR 19-09. A request by Dorin Pitut, representing the property owners Ludmila Baicean and Cristian Feraru, for approval of a Variance for the property at 6404 West Becker Lane (zoned R-3 Multiple Residence), in order to reduce the required 20 -foot perimeter setback required by the Glendale Zoning Ordinance (Sec. 5.420 — R- 3 Zone, Multiple Residence Districts Development standards). Approval of the request would reduce the 20 -foot perimeter to 15 feet the north (rear) boundary; and to 5 feet along the east and west (side) boundaries. Most of the setbacks are aligned, and the property owners would like to add to the house and thus, encroach on an existing setback. Issues - Subdivision platted 1982. Home built in 1984. New R-3 code adopted in 1993: - 6,000 SF minimum - 60 FT lot width minimum. - 20 FT perimeter setback (no envelope). - Detached patio cover also violates 10' setback required between house and accessory structures. - Staff has provided a stipulation to abate this issue, should the Board decide to approve the Variance request. 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 lot is an existing legal non -conforming parcel, as it does not comply with the City of Glendale minimum size or width in the R-3 zone. The subdivision was platted prior to the adoption of the zoning ordinance. 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 20 -foot setback, applied to this lot with the adoption of the current setback standards in 1993, eliminated 100% of the original building envelope. 3. The variance is the minimum necessary to alleviate the property hardship: The current request would establish setbacks which are more typical for a lot of its size. 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 size of the lot also precludes the addition of a second unit, despite the multi- family zoning. The staff is requesting approval of VAR 19-09 subject to 1. Development in conformance with applicant's notification letter and site plan included in CPP Final report dated 7-30-19. 2. Removal of or adjustments to the existing covered patio in conformance to all required setback standards. 3 Once Mr. Gehlert concluded, the board was able to ask questions. Vice Chair Cheshier had some concerns about the proposed variance, and Ms. Collins explained that some ordinances were grouped together, but for individual lots, it creates conflict. From here, the board votes per each finding. 1. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, CG )7 aye. 2. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." 3. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, GL 77 aye. 4. Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." Mr. Naber made a motion to grant the variance subject to the stipulations, and Mr. Arnold seconded. During the roll call vote, Vice Chair Cheshier, Mr. Feiner, Mr. Naber, Mr. Arnold, and Chairperson Zarra all said, "aye." The variance was approved. STAFF REPORT Ms. Collins did not have a staff report. BOARD COMMENTS AND SUGGESTIONS No other business, board comments, or suggestions were made. NEXT MEETING The next meeting will take place on Thursday, October 10, 2019, at 4 PM. ADJOURNMENT Mr. Arnold made a motion to adjourn the meeting, and it was seconded by Vice Chair Cheshier. Samantha Cope Recording Secretary 4