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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 3/11/1999 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, MARCH 11, 1999 The regular meeting was called to order at approximately 7:00 p.m. by Chairperson Cheniae, with the following members and representatives present: BOARD MEMBERS: Ron Piceno Daniel Drew Robert Koehler Kathe Neyer Kenneth Sutton Gordon Cheniae, Chairperson Richard Gitelson was absent. CITY STAFF: Ray Jacobs,Zoning Administrator Rick Flaaen, Deputy City Attorney Elizabeth Logan, Planner 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 requests 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. The Board identified those members who were present and absent. Mr. Jacobs, Zoning Administrator, introduced the members of staff who were present. As the first order of business, Chairperson Cheniae called for approval of the minutes from the February 11, 1999 meeting. Boardmember Piceno made a MOTION to approve the minutes as written. Boardmember Drew SECONDED the MOTION which passed unanimously. Chairperson Cheniae called for Business From the Floor. There were no items. March 11, 1999 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 Boardmembers is required to pass a motion. Chairperson Cheniae then explained the Board's hearing process. Chairperson called for the first item on the agenda. 1. ZV-98-25 A variance request by Genaro and Juanita Montijo to allow an 8-foot side yard setback where a 15-foot perimeter setback is the minimum required in the R-2 (Mixed Residence) zoning district. The property is located at 5544 West State Avenue. Staff Contact: Elizabeth Logan (Ocotillo District). Ms. Logan presented the application, reviewing the site and request. She concluded her presentation by stating that staff felt the request appeared to meet findings #1 and #4. Whether or not findings #2 and#3 are met was debatable. Chairperson Cheniae called the applicants to speak. Juanita Montijo, 5544 West State Avenue, stated that they would like to have the addition built as the rest of the house is,rather than moving it to the side. Otherwise it would look odd. Genaro Montijo, 5544 West State Avenue, stated that they would like to make it match the existing structure. Boardmember Neyer asked staff if the addition were moved over, would it then meet the side setback on the other side. Ms. Logan replied that the side setback requirement for the east side was met. Boardmember Neyer then asked if the fifteen-foot setback requirement on the east side were met, would the west side setback be adversely affected and would they have to shorten up the addition. Ms. Logan replied that they would have to make the addition nineteen feet wide and it would increase the length of the addition in the back. Boardmember Neyer asked if they couldn't just move it over. Ms. Logan replied that they couldn't because they would need variances for both sideyard setbacks to meet the zoning requirement. Boardmember Sutton asked why the zoning was changed on an area such as this. March 11, 1999 BOARD OF ADJUSTMENT MINUTES Page 3 Mr. Jacobs responded that the R-2 district is not intended for single residences but is intended for duplex type developments. This subdivision should be zoned R1-6 to better reflect the existing development. The lot size standards were changed to better reflect the new developments in the R-2 zoning district. Mr. Flaaen then stated that prior to 1993, this area was already zoned R-2. The ordinance development standards were changed which affected the minimum lot sizes and setbacks. As is indicated in the staff report, this would be more consistent with the R1-6 zoning district. He stated that the other boardmembers have dealt with this type of question in some of the A-1 zoned requests. Boardmember Sutton stated that the requirements were in an area where probably at least 80- 90% of the homes have 8-foot setbacks. He asked if the City of Glendale created the hardship when they changed the setbacks for the older homes that were already there. Chairperson Cheniae stated that he thought the R-2 in this situation is very much like the A-1 which they've dealt with many times. He felt that in layman's terms, it was not a good zoning fit. We did not have the best, or most appropriate, existing zoning when the zoning ordinance changed in 1993. As a result, they continually hear cases, especially in the A-1 zoning district. He stated that he thought this situation was pretty similar to the variance requests they've heard for A-1 zoning. Chairperson Cheniae closed the public hearing on ZV-98-25. Boardmember Koehler made a MOTION to APPROVE ZV-98-25. Boardmember Piceno SECONDED the MOTION. Boardmember Sutton stated that he felt the situation is beyond the applicants' control. He saw no choice but to allow them to have an 8-foot setback. Boardmember Piceno stated that he agreed with Boardmember Sutton. He also stated that the Montijos are community-minded in trying to enhance their property and therefore the neighborhood. He agreed with the staff that they met findings #1 and #4. He also felt they met findings#2 and#3. Boardmember Koehler stated that he felt that all findings have been met. Therefore, he felt the property should be allowed to increase the size of their home as requested. Boardmember Drew agreed with the rest of the Board. He believed that it would be more detrimental to ask the applicant to move in an additional seven feet. Boardmember Neyer concurred with the other Boardmembers. She felt it was wonderful that the Montijos wanted to enhance their house instead of moving to some other neighborhood. March 11, 1999 BOARD OF ADJUSTMENT MINUTES Page 4 Chairperson Cheniae stated that he also would support the request for a variance. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Chairperson Cheniae then asked if there was any Other Business. Mr. Jacobs stated that there was none. Chairperson Cheniae asked if there were a planning staff report. Mr. Jacobs stated that they needed to discuss the April 8, 1999 meeting. He stated that the Chairman indicated that he may not be in attendance which would require Vice Chairperson Neyer to chair the meeting. Chairperson Cheniae stated that there is a very slim chance that he would be able to attend the April 8, 1999 meeting. He stated that he would be in Safford for a State Leadership Committee quarterly meeting and it didn't look like he could leave there until Friday morning. Mr. Jacobs stated that he wanted to be sure to have a quorum for the April 8th meeting. Then, referring to the earlier discussion about zoning, he stated that if there is a situation where there are numerous requests,rezoning to an appropriate district could be considered. Chairperson Cheniae asked if there were any Board Comments and Suggestions. Chairperson Cheniae stated that he received a very nice written note from the Mayor praising the Board and staff for the Fleming case. He stated that evidently the appeal period for the City Council has passed. He asked if there was a different appeal period for the Superior Court. Mr. Jacobs stated that Monday, March 15, 1999 was the deadline for an appeal to the Superior Court. Chairperson Cheniae stated that it appeared that they meted justice fairly. Boardmember Drew stated that he expected to hear that it would be appealed to the Superior Court. He stated that the staff did a good job in helping the Board. Boardmember Sutton stated that the concessions from the original decision helped. Chairperson Cheniae stated that Dean Svoboda's willingness to agree to the revisions to the decision improved the process. Mr. Jacobs stated that the applicants had several weeks prior to the meeting to respond. March 11, 1999 BOARD OF ADJUSTMENT MINUTES Page 5 Chairperson Cheniae stated that as those present may have noticed he took the liberty to shortcut the introduction at the beginning of the meeting given the fact that there was one application and it seemed fairly straightforward. He asked if that was something the staff would rather he not do in the future. Mr. Jacobs stated that it was the Chairman's prerogative. Since there was no further business, Chairperson Cheniae called for a MOTION to adjourn. Boardmember Piceno made a MOTION to adjourn. Boardmember Drew SECONDED the MOTION which passed unanimously. The meeting was adjourned at 7:25 p.m. Katie Douglas Reco i ng Secretary