HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 6/11/1998 MEETING MINUTES
CITY OF GLENDALE
BOARD OF ADJUSTMENT
GLENDALE COUNCIL CHAMBERS BUILDING
CONFERENCE ROOM B-2
5850 WEST GLENDALE AVENUE
GLENDALE, ARIZONA 85301
THURSDAY, JUNE 11, 1998
The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson Capek,
with the following members and representatives present:
BOARD MEMBERS: Ron Capek, Chairperson
Bryan Clark
Phil Coningford
Kathe Neyer
Robert Koehler
John Rotz
ABSENT: Gordon Cheniae
CITY STAFF: Ray Jacobs, Zoning Administrator
Rick Flaaen, Deputy City Attorney
Ricardo Toris, Planner
Bill Luttrell, Senior Planner
Nan Robinson, Recording Secretary
Chairperson Capek began the meeting by explaining that the Board of Adjustment is a quasi-
judicial body made up of volunteers appointed by the City Council. The Board hears request for
relief from the requirements of the Zoning Ordinance and appeals to certain decisions made by the
Planning Director. The Board considers each request on its own merits and bases its decision on
the findings required by the Zoning Ordinance. The Board's decision is final unless appealed to
the City Council or through Superior Court.
Mr. Jacobs, Zoning Administrator, introduced members of the staff who were present.
Boardmember Rotz made a MOTION to approve the May 14, 1998, minutes.
Boardmember Coningford SECONDED the MOTION which passed with unanimously.
Chairperson Capek called for Business From the Floor. There was none.
Chairperson Capek asked staff if there were any requests for withdrawals or continuances. There
were none.
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BOARD OF ADJUSTMENT MINUTES
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Chairperson Capek stated that the purpose of a public hearing is to provide interested parties the
opportunity to present testimony for the Board's consideration. An affirmative vote of four
Board members is required to pass a motion. Chairperson Capek then explained the Board's
hearing process. Chairperson Capek called for the first item on the agenda.
1. ZV-98-10: A request by Rob Trop on behalf of Regal Homes for a variance to allow:
1) an additional driveway that is not contiguous to the existing driveway and 2) an
encroachment into the front yard setback for an attached RV garage structure in the R1-8
PRD (Single Residence, Planned Residential Development) zoning District. The property
is located at 5184 West Abraham Lane.
Mr. Ricardo Toris presented the application, reviewing the site and the request. He concluded his
presentation by asking if the Board had any questions. There were no questions from the Board.
The applicant, Mr. Rob Trop, of Regal Homes, 3320 West Cheryl Drive, Suite B210, Phoenix,
85051, explained that due to the extreme circumstances on the lot, there was no other way to
position an RV driveway into the garage. He felt the house would be unique and an asset to the
area.
Boardmember Koehler asked if it was a natural drainage area in the center of the lot, coming
down from the top of the hill into the area of the back of the house toward the retaining wall.
Mr. Toris responded that there had previously been a drainage easement extending from the rear
of the property which was abandoned by City Council action. He explained that the City has no
need for the drainage easement.
Boardmember Koehler asked whether it was a natural drainage from the top of the hill to the back
of the lot.
The applicant said it was a natural drainage, and that they were having a grading and drainage
plan done by the Harrison Group. He said the water runoff would be diverted around the house
on the property, and it would not be a problem.
Boardmember Koehler asked if the retaining wall was 6' or 8' higher than the lots on either side.
The applicant responded that the retaining wall on either side of the lot was higher, raising the lot
6' to 8' on either side. The applicant said it would not be a problem, that the water would be
handled and taken out to the cul-de-sac.
Boardmember Clark asked if there would normally be a setback required from the west property
line to the driveway.
Mr. Toris explained that the portion of the lot he referred to was actually considered part of the
front. He said the applicant stated that there will be a minimum of 10 feet all along parallel to the
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BOARD OF ADJUSTMENT MINUTES
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existing property line. He said this was for a building setback which would not prohibit a
driveway.
Boardmember Clark said he was thinking that if they come in with a drainage plan that directs
water to go along the boundary of the property, it may further inhibit screening and separation
between this house and the house to the west.
The applicant showed on the map where they would be putting the drainage with the middle of
the lot, that it would be under the breezeway, and would not create a problem. In addition, he
stated that the owner had also purchased the lot to the west for a proposed tennis court.
Chairperson Capek closed the public hearing on ZV-98-10.
Boardmember Rotz made a MOTION TO APPROVE ZV-98-10. Boardmember
Coningford SECONDED THE MOTION.
Boardmember Rotz had no comment.
Boardmember Coningford said he supported the request.
Boardmember Koehler said he supported the request.
Boardmember Neyer said she supported the request.
Boardmember Clark said he felt the request met all four findings, and he supported it.
Chairperson Capek called for a roll call vote, and the MOTION PASSED
UNANIMOUSLY.
2. ZV-98-07: A request by W. Roy Bryan to reduce the required street-side setback from
25 feet to 13 feet to construct a 2,245 square foot office addition to an existing business
on .78 acres. The property is located at 7020 N. 55th Avenue between Glendale Avenue
and Glenn Drive on the west side of 55th Avenue.
Mr. Bill Luttrell presented the application and reviewed the site and the request. He concluded
his presentation by asking if the Board had any questions. There were none.
The applicant, Mr. Roy Bryan, 6820 West Redfield, Peoria, said this was his commercial property
for his electrical contracting business. He said he developed the property from what was
originally a dental office built in 1953. He said he purchased an additional 50 feet from the north,
then purchased another 50 feet from the south. He said they need more office space and more
room, and they either need to add onto it or move. He described the building and the parking
areas on the site. He said he will put in an 8-foot masonry wall around the trucks. He said he
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BOARD OF ADJUSTMENT MINUTES
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maintains the landscaping and tries to make the property look nice. He asked if the Board had
any questions.
Boardmember Koehler asked if the 18 parking spaces .... included the 10 spaces shown on the
diagram.
Mr. Bryan responded that was correct.
Boardmember Koehler asked if 10 spaces for public parking would be enough.
Mr. Bryan said there are 10 spaces for public parking, plus a handicapped space, and they will add
another 8 spaces.
Boardmember Koehler said then there will be 11 spaces for customers and visitors.
Mr. Bryan responded that they don't have very many customers that come to the office, as they
don't sell anything out of their office. He said it was not a retail business.
Mr. Luttrell added that with regard to the landscaping, the property is a non-conforming use so
that whatever landscaping is removed and replaced elsewhere, although it does not meet the
current standards, it is acceptable.
Chairperson Capek closed the public hearing on ZV-98-07.
Boardmember Coningford made a MOTION TO APPROVE ZV-98-07. Boardmember
Rotz SECONDED THE MOTION.
Boardmember Clark said improvements in this area are hard to come by, and he felt the applicant
had made consistent efforts to improve his property. In addition, he felt the four findings were
met, and said he supported the request.
Boardmember Neyer said she admired the building and supported the request.
Boardmember Koehler said he agreed, only he was concerned about parking. He said this
property enhances the neighborhood.
Boardmember Coningford said it would be a shame to make the applicant have to move to a
larger building. He said he supported the request.
Boardmember Rotz said he supported the request.
Chairperson Capek commented that if the building was pushed back, it would be a detriment to
the site.
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BOARD OF ADJUSTMENT MINUTES
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Chairperson Capek called for a roll call vote, and the MOTION PASSED
UNANIMOUSLY.
Chairperson Capek asked if there was any Other Business. There was none.
Chairperson Capek asked for the Planning Staff Report.
Mr. Ray Jacobs advised the Board that there were additional Board positions that have not yet
been filled, and there were no items as yet scheduled for the July meeting. He asked if the Board
would like to vacate the July meeting.
Boardmember Rotz MADE A MOTION TO VACATE the July 9, 1998, meeting.
Boardmember Neyer SECONDED THE MOTION.
Chairperson Capek asked for Board Comments and Suggestions.
Boardmember Clark said he noticed a list of "interested parties" that were notified of this
application. He inquired how that list was made.
Mr. Tons explained that citizens who requested to be notified were put on a list. He said the City
tries to accommodate citizens in the notification process.
Boardmember Clark commented that some names and addresses he saw on the "interested
parties" list might not need to be notified.
Mr. Jacobs responded by explaining that based on past history, some people state that they were
not notified of items going to certain public hearings. He said the City accommodates those
citizens by placing them on an"interested parties" list.
There was no further business.
Boardmember Coningford made a MOTION to adjourn. Boardmember Rotz
SECONDED the MOTION which passed unanimously.
The meeting was adjourned • 0 p.m.
r)Ozrz 7 ,06?-114-0
Nan Robinson, Recording Secretary