HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/10/1998 MEETING MINUTES
CITY OF GLENDALE
BOARD OF ADJUSTMENT
GLENDALE COUNCIL CHAMBERS BUILDING
CONFERENCE ROOM B-3
5850-WEST GLENDALE AVENUE
GLENDALE, ARIZONA 85301
•
THURSDAY, SEPTEMBER 10, 1998
The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson Cheniae,
with the following members and representatives present:
BOARD MEMBERS: Robert Koehler
Daniel Drew
Kathe Neyer
Ron Piceno
Gordon Cheniae, Chairperson
CITY STAFF: Ray Jacobs, Zoning Administrator
Rick Flaaen,Deputy City Attorney
Thomas Sedlmeier, Senior Planner
Betsy Logan, Associate Planner
Nan Robinson,Recording Secretary
Katie Douglas,Recording Secretary
Chairperson Cheniae 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 the members of the staff who were present.
Chairperson Cheniae called for approval of the minutes from the August 13, 1998 meeting.
Boardmember Piceno asked that two amendments be made. Boardmember Koehler made
a MOTION to approve the minutes as amended. Boardmember Piceno SECONDED the
MOTION which passed unanimously.
Chairperson Cheniae called for Business From the Floor. There was none.
September 10, 1998
BOARD OF ADJUSTMENT MINUTES
Page 2
Chairperson Cheniae asked staff if there were any requests for withdrawals or continuances.
There were none.
Chairperson Cheniae 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 isrequired..to pass..a_motion._._..Chairperson Cheniae thanexplained the Board's
hearing process. Chairperson Cheniae called for the first item on the agenda.
1. ZV-98-15 A request by Philip Reina for Leon Goshow for a variance to reduce the
required side and rear setbacks from 15 feet to 0 feet in the M-1 (Light
Industrial) zoning district. The .51 acre parcel is located in the Glendale
Business Park at 7604 N. 73rd Drive.
Thomas Sedlmeier presented the application, reviewing the site and request. He concluded his
presentation by stating that staff felt the request appeared to meet all of the required findings.
Boardmember Neyer asked if it is the existing building that is the one that is not colored in.
Mr. Sedlmeier responded that it is.
Boardmember Neyer asked if the new building is meeting the 25 foot setback, does that mean
that the other building is not meeting the 25 foot setback.
Mr. Sedlmeier responded that this is correct; the existing building does not meet the 25 foot front
setback.
Boardmember Neyer asked if the new building is going to meet that even though it's not required
and asked if the buildings go all the way back to the lot line.
Mr. Sedlmeier indicated that this is correct.
Boardmember Drew asked if we are only giving the variance on the 15 foot setback for where the
building itself sets so that the 15 foot variance will still be enforced where the parking lot or
whatever it will be will go to the fence.
Mr. Sedlmeier responded that this is correct. It is a building setback. The project has not gone
through Design Review where it will be required to meet required site development standards.
Chairperson Cheniae asked if there is going to be access from one of the warehouses to the other.
He asked if they are they going to abut one another or if they will be built together where you can
access from one warehouse to another.
September 10, 1998
BOARD OF ADJUSTMENT MINUTES
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Mr. Sedlmeier stated that this is a building code question. The existing building does not have
any openings along the south side. If they provided the proper protection they could have a door
between the two buildings,but it would be regulated by building and fire code.
Chairperson Cheniae stated that he was just curious if they would build the buildings right up
against each other and have maybe two independent operations where there would be access
between them.which might give them more flexibility in whatever..they do there.
Mr. Sedlmeier stated that he believes that they will build the new building away from the
existing building due to the separation need for the building foundations or footings.
Chairperson Cheniae called the applicant to speak.
Philip Reina, 4541 West Butler Drive, Glendale, representing Leon Goshow, stated that he didn't
believe it was necessary to make a presentation. He felt that everything is pretty much self
evident and self-explanatory. He stated that he is there to answer any questions the Board might
have of him or his client,Mr. Goshow.
Chairperson Cheniae asked if the Board had any questions.
Boardmember Koehler asked if it is going to be a common wall or if there will be separate walls.
Mr. Reina responded that the last time they discussed that it was going to be a separate building.
He stated that there were some code items that Thomas Sedlmeier brought forth with regards to
difference in codes. He stated that since the new building would have to be up to code, it was
possible the old building would have to be updated to present codes. He stated that it could
become quite a project.
As there were no speaker cards, Chairperson Cheniae asked if Mr. Reina would like to make a
closing statement.
Mr. Reina thanked the staff for their assistance in going through the Citizen Participation
program. He stated that they were a great help in assisting him with the typing of the letters and
the process. He felt they were helping him more than impeding him.
Chairperson Cheniae responded that that's the way it should work.
Mr. Reina agreed.
Chairperson Cheniae asked if staff had any other comments.
Mr. Sedlmeier responded that he had no further comments.
Chairperson Cheniae closed the public hearing on ZV-98-15.
September 10, 1998
BOARD OF ADJUSTMENT MINUTES
Page 4
Boardmember Neyer made a MOTION to APPROVE ZV-98-15. Boardmember Koehler
SECONDED the MOTION.
Boardmember Piceno felt that this is a straightforward request. On driving by the property he
noticed the dry weeds and grass. He feels..thatthequicker this project-is underway, the better.
Boardmember Koehler stated that he feels it meets all four requirements and that the structure,
being similar in design, will enhance the character of the area and provide ample parking on both
sides of the new structure. He recommends approval.
Boardmember Drew had no comment.
Boardmember Neyer agreed with the other boardmembers.
Chairperson Cheniae concurred with the staff report and the boardmembers. He felt the key
thing in his view of the property was the fact that the character of the area was established prior
to the 1993 zoning revisions. Taken into account with how this is going to complement the
adjacent property,he feels it's very logical and he would support it.
Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED
UNANIMOUSLY.
Chairperson Cheniae asked if there was any Other Business. There was none.
Chairperson Cheniae asked if there were any Planning Staff Reports.
Mr. Jacobs responded that he spoke to the individual who works for the Council Government
Service Committee to determine the status of additional members. He indicated that a decision
could be made next week. He stated that there are four variances scheduled for the October 8,
1998 meeting.
Chairperson Cheniae stated that it probably wouldn't be prudent to plan a workshop until the two
additional boardmembers are appointed.
Mr. Jacobs agreed. He stated that unless it is going to be an extended period before the
additional boardmembers are appointed, that it would be better to wait.
Chairperson Cheniae asked if it will be November before the two members are appointed.
Mr. Jacobs stated that it's possible.
Boardmember Neyer asked if there wasn't any criteria for having to fill the vacancies.
September 10, 1998
BOARD OF ADJUSTMENT MINUTES
Page 5
Mr. Jacobs responded that there are citizens who express interest and fill out forms and indicate
which board they would like to serve on but that doesn't necessarily mean they will be
appointed.
Chairperson.Neyer.asked_if there aren't bylaws that demand that the.Board of Adjustment have
seven people.
Mr. Jacob responded that the minimum number for the Board is five members.
Chairperson Cheniae asked which districts had the vacancies.
Mr. Jacobs responded that the vacancies are in the Sahuaro District and the Yucca District.
Chairperson Cheniae asked who would be the appropriate person to encourage them to think a
little more seriously about appointment. He stated that it's just fine if all five members show up.
But, if we start having four people or three show up,then we'll have a serious problem.
Mr. Jacobs said Councilmember Martinez is the Chairman of the Government Services
committee. Mr. Jacobs offered to send a message to him or draft a memo for Chairperson
Cheniae's signature.
Chairperson Cheniae indicated that councilmember Martinez is his councilman. He stated that
he would contact him.
Chairperson Cheniae asked for any Board Comments and Suggestions.
Boardmember Neyer said she was curious if there were any variances that were denied by the
Board that have gone to Council and if so what was the outcome.
Mr. Jacobs responded that the variance item that was denied regarding the Riggins mini-storage
had been appealed to the September 22, 1998, City Council Meeting.
Since there was no further business, Chairperson Cheniae called for a MOTION to adjourn.
Boardmember Neyer made a motion to adjourn. Boardmember Drew SECONDED the
MOTION which passed unanimously.
The meeting was adjourned at 7:25 p.m.
Katie II ouglas, ' ecordi g Secretary