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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 11/14/2019MINUTES BOARD OF ADJUSTMENT CITY HALL, CONFERENCE ROOM B3 5850 W. GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, NOVEMBER 14th, 2019 4:00 PM CALL TO ORDER The meeting was called to order at 4:00 PM. ROLL C:AT.T. Committee members present: Chairperson Erminie Zarra, Vice Chair Cathy Cheshier, Brian Britton, and Benjamin Naber are present. Committee members absent: Lawrence Feiner was absent. City staff present: Lisa Collins (Planning Administrator), George Gehlert (Planner), Thomas Ritz (Senior Planner), 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 A motion to approve the October meeting minutes was made by Mr. Naber and seconded by Vice Chair Cheshier. None opposed. WITHDRAWALS AND CONTINUANCES Ms. Collins noted that there were no withdrawals, but there was a continuance request for item ZIL19-02 CATLIN COURT DISTRICT PAD — APPEAL OF PLANNING ADMINISTRATOR DECISION/INTERPRETATION. It was suggested that the board began with the continuation, and all agreed to do this (see "OTHER BUSINESS"). PUBLIC HEARING ITEMS BOOTH VARIANCE VAR19-10 Although this variance was listed second on the agenda, the board began with this one. A request by Jerry Booth to allow side yard setbacks of 10 feet where 15 feet is required in the R-2 (Mixed Residence) zoning district. The site is located at 5225 West Caribbean Lane in the Sahuaro District. The variance approval to reduce the side yard setbacks to 10 feet in the R-2, (Mixed Residence) zoning district. Surrounding Land Use and Zoning: North: Single Family Residence, zoned R-2. East: Single Family Residence, zoned R-2. South: Single Family Residence, zoned R-2. West: Single Family Residence, zoned R-2 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. a. The 15 -foot R-2 perimeter setbacks of the lot create a special circumstance not self-imposed by the property owner. The construction additions to the home matching the existing home setbacks 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. a. The strict application of the Zoning Ordinance would limit property to fifteen (15) foot side setbacks and limit the type building addition permitted. 3. The variance is the minimum necessary to alleviate the property hardship. a. The requested side setbacks are the minimum necessary to construct additions to the home which match the existing side yard setbacks. The minimum lot area is under the required minimum lot area, front and rear setbacks, maximum not coverage, and minimum lot width and depth are in the conformance with current R-2 zoning requirements. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. a. The requested building setbacks are consistent with other properties in the surrounding area and will not detrimentally affect any neighboring properties. Analysis All applicable city departments have reviewed the application and recommend the approval of the application. Recommendation Staff then recommended the approval of VAR 19-10. After providing the lot size information, no further discussion was needed, and the public hearing closed. From here, the board voted per each finding with the help -of Mr. Romney. 1. Mr. Naber, Vice Chair Cheshier, Mr. Britton, and Chairperson Zarra all said, "aye." 2. Mr. Naber, Vice Chair Cheshier, Mr. Britton, and Chairperson Zarra all said, "aye." 3. Mr. Naber, Vice Chair Cheshier, Mr. Britton, and Chairperson Zarra all said, "aye." 4. Mr. Naber, Vice Chair Cheshier, Mr. Britton, and Chairperson Zarra all said, "aye." Mr. Naber made a motion to approve the variance (subject to stipulations), and it was. seconded by Mr. Britton. All voted "aye" in favor, and none opposed. Variance granted. 2 COBBLESTONE SIGNAGE VARIANCE VAR19-06 A request by Jesse Macias, on behalf of M3 Design, representing Express 36 LLC, in order to allow three (3) free-standing signs where one (1) would otherwise be allowed, relieving pertinent sections of the Glendale Zoning Ordinance Sections 7.104.C.3.b (single tenant buildings) and 7.104.C.3.c (dual tenant buildings). Location is in the Barrel District. Address: 12187 N 67th Avenue (APN 143-04-001 Q). The request is that the three free-standing signs where one would otherwise be allowed. 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. a. Staff finds no special circumstances. The lot meets the density district development standards for size, width, and length. 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. a. Staff finds no evidence of this. The applicant would still be entitled to a free-standing sign along North 67th Avenue. 3. The variance is the minimum necessary to alleviate the property hardship. a. Not applicable. There is no hardship. 4. Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general. a. Approving the variance may set a precedent which forces the City's hand in the consideration of other similar (future) signage requests. Analysis - all applicable city departments have reviewed the application. No comments have been received. - No comments have been received from adjacent property owners. - Lot meets Ordinance standards for size, width, and length. Recommendation Staff does not recognize a valid hardship associated with the property that warrants approval of a Variance. The property dimensions are adequate to support the placement of a freestanding sign. Staff therefore recommends denial of this request. Staff then recommended the denial of VAR19-06. Chairperson Zarra then asked if any of the board members had any questions or concerns, and the confirmation of dimensions was addressed. Mr. Naber asked what each: sign would be used for (two for the car wash and then the third sign for the restaurant), and then Mr. Naber asked if the city would normally expect it to be all on one sign. Vice Chair Cheshier asked about the sizing allowed for one sign. Vice Chair Cheshier then asked to waive her question until the applicant completed their presentation. iv Chairperson Zarra asked if the applicant wished to present anything on their own behalf, and he did. Mr. Macias noted that the area which they which to use for the signage is currently vacant and used for dumping, and thus, the suggested plans for signage were desirable for not only the applicant, but for the neighborhood. According to the applicant, this will be beneficial for city signage in the future. The only suggestion the public had was to make the signs 8 feet tall instead of 10 feet tall. Chairperson Zarra asked again if the board had any questions or concerns. Mr. Britton asked why two signs (D & E) couldn't be combined and brought more towards the center. Mr. Macias would be willing to get rid of one (F). Vice Chair Cheshier asked if the total square footage for a sign (48 sq. ft.) could it be moved into two signs. According to City Staff, the two signs would still need approval from the Board of Adjustment. Vice Chair Cheshier stated that if there could be an adjustment in size or quantity of the signs, then it would be a more desirable variance to approve. It was suggested that the matter be tabled until next meeting to change the variance with the amended proposal (2 signs instead of 3). Mr. Britton made a motion for a break and an executive session, and Mr. Naber seconded the motion. All in favor, and none opposed. Break The board discussed at the variance at length, and the applicant was asked to come forward to be asked more questions. Vice Chair Cheshier asked Mr. Macias if he would be willing to amend his request. Vice Chair Cheshier asked the actual width of the sign itself. In diagram E, the signage is 44.31 sq. ft. Vice Chair Cheshier asked if Mr. Macias would be willing to have two signs of this size (8 feet high and 44. 31 sq. ft.) with approval of the sign content done by the city. Mr. Macias was in agreement. Vice Chair Cheshier also asked if the illumination of the signs were regulated, and Mr. Macias confirmed that it's simply a lit sign (no special light effects). Chairperson Zarra confirmed that they are agreeing to vote on these stipulations, and the public hearing closed. The board voted per each finding with the help of Mr. Romney. 1. Mr. Britton, Vice Chair Cheshier, Mr. Naber, and Chairperson Zarra all said, "aye." 2. Mr. Britton, Vice Chair Cheshier, Mr. Naber, and Chairperson Zarra all said, "aye." 3. Mr. Britton, Vice Chair Cheshier, Mr. Naber, and Chairperson Zarra all said, "aye." 4. Mr. Britton, Vice Chair Cheshier, Mr. Naber, and Chairperson Zarra all said, "aye." Mr. Naber made a motion to approve the variance (subject to stipulations), and it was seconded by Mr. Britton. All voted "aye" in favor, and none opposed. Variance granted. OTHER BUSINESS El A. ZIL19-02 CATLIN COURT DISTRICT PAD – APPEAL OF PLANNING ADMINISTRATOR DECISIONANTERPRETATION Vice Chair Cheshier made a motion to table the ZIL19-02 CATLIN COURT DISTRICT PAD — APPEAL OF PLANNING ADMINISTRATOR DECISION/INTERPRETATION until the January meeting. Mr. Naber seconded the motion. All in favor, and none opposed. STAFF REPORT Ms. Collins did not have a staff report. BOARD COMMENTS AND SUGGESTIONS No other business, board comments, or suggestions were made. Vice Chair Cheshier wished everyone a Happy Thanksgiving and a Merry Christmas. NEXT MEETING The next meeting will take place on Thursday, December 12, 2019, at 4 PM. ADJOURNMENT Mr. Naber made a motion to adjourn the meeting, and it was seconded by Mr. Britton. All in favor, and none opposed. Samantha Cope Recording Secretary 5