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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 6/10/1999 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 • THURSDAY, JUNE 10, 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: Kathe Neyer Daniel Drew Ron Piceno • Kenneth Sutton Richard Gitelson Robert Koehler Gordon Cheniae, Chairperson • CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner,Assistant City Attorney Elizabeth Logan, City 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. Mr. Jacobs, Zoning Administrator, introduced the members of the staff who were present. Chairperson Cheniae called for approval of the minutes from the April 8, 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 was none. June 10, 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 Board members is required to pass a motion. Chairperson Cheniae then explained the Board's hearing process. Chairperson Cheniae called for the first item on the agenda. 1. ZV-99-06: A variance request by Michael and Regina Burns to allow a 40-foot front setback where 75 feet is the minimum required, 20-foot side setbacks where 50 feet is the minimum required, and 20% lot coverage where 10% is permitted in the A-1 (Agricultural) zoning district. The property is located at 6546 West Pershing Avenue. Staff contact: Elizabeth Logan(Sahuaro 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 all four findings. Boardmember Drew asked if the building on the left side that runs along the property line was the garage. Ms. Logan replied that it was. Boardmember Sutton stated that it looked like a number of the lots in Thunderbird Unit 1 were built within SR-30 standards. Ms. Logan stated that they were. Boardmember Sutton asked if there were more variances requested prior to the ordinance change in 1993. Mr. Burns, the applicant, stated that residents may not have required variances prior to the ordinance changes. Mr. Sutton asked how many of the homes were constructed prior to 1993. Ms. Logan stated that the subdivision was platted in 1964. Since then, several homes have been built. Boardmember Piceno asked if there were a city easement in the front yard for a curb, gutter and sidewalks. Ms. Logan stated that she did not have that information. June 10, 1999 BOARD OF ADJUSTMENT MINUTES Page.3 Mr. Burns, the applicant, stated that there is an easement but there were no sidewalks or gutter— just dirt and grass. Chairperson Cheniae called the applicant to speak. Michael Burns, 6546 West Pershing Avenue, stated that the neighborhood starts at 57th Avenue and goes east all the way to 63' Avenue. There are two sections: Thunderbird 1 and Thunderbird 2. Most of the homes were built about 20-25 years ago. The area to the west also has 1-acre lots, but they're actually in Maricopa County, not City of Peoria. North of the lot are smaller lots with larger houses. He stated that the requested setbacks are consistent with SR-30 zoning standards. Boardmember Neyer asked if there were some way the applicant could build the house on the property and still meet A-1 zoning. Mr. Burns' reply was no. He stated that the setbacks for A-1 would only leave a 40 foot strip for the house. He stated that they also have a utility easement for the power lines and phone lines in the back of the lot. Boardmember Drew asked when the Burns purchased the property. Mr. Burns stated that they bought the property on January 21, 1998. Boardmember Drew asked if the Burns' knew of the restrictions placed on the property. Mr. Burns replied that they had no idea it was zoned A-1 or what A-1 meant. They assumed the restrictions would be similar to the lots located on either side of his house. Chairperson Cheniae closed the public hearing on ZV-99-03. Boardmember Koehler made a MOTION to APPROVE ZV-99-06. Boardmember Neyer SECONDED the MOTION. Boardmember Neyer said she agreed with the staff's findings and would support the variance. Boardmember Drew concurred. Boardmember Piceno concurred. Boardmember Gitelson concurred. Boardmember Sutton stated that he concurred as well. He stated that he was having a hard time understanding why the area was rezoned differently from the surrounding properties. June 10, 1999 BOARD OF ADJUSTMENT MINUTES Page 4 Boardmember Koehler agreed with Boardmember Neyer. He stated that this is merely a subdivision within a neighborhood. It would be better for the property owners if different zoning were set up. He predicted that as the infill continues, one by one the residents will have to come before the board to request variances. The existing zoning is not appropriate for the lot sizes within the subdivision. Chairperson Cheniae concurred with the Board. He also concurred with the staff's findings and would support the variance. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Chairperson Cheniae asked if there were any Other Business. Mr. Jacobs stated that there was none. Chairperson Cheniae asked if there were a Planning Staff Report. Mr. Jacobs stated that Chairperson Cheniae and Vice Chair Neyer were reappointed for another term. He also stated that there were gift baskets for those Boardmembers who were unable to attend the Appreciation Dinner. He indicated that there are five cases scheduled for the next meeting. Chairperson Cheniae asked what the nature of the cases was. Mr. Jacobs stated that there is one A-1 case and the remainder were a variety of requests. He then addressed Mr. Sutton's previous comments about the A-1 zoning district. He stated that when the ordinance was changed it was with an assumption that several subdivisions would be rezoned to more appropriate districts. This was never completed due to a variety of reasons. Boardmember Sutton stated that there were three of these cases in a row. Mr. Jacobs responded that the implementation was not completed which results in A-1 variance requests. Boardmember Koehler stated that he was not aware of this situation. Boardmember Sutton stated that it makes it a little easier to understand now that he knows the process. Chairperson Cheniae asked if there were any way to schedule the A-1 cases for meetings where there were additional cases rather than hold a meeting such as the June 10t meeting where the only case was an A-1 issue. June 10, 1999 BOARD OF ADJUSTMENT MINUTES Page 5 Mr. Jacobs stated that they can try when possible. He stated that the schedule needs to be sensitive to the property owners who, in many cases, are trying to build a new house. Boardmember Sutton asked if it is necessary for the applicant to come before the Board for a variance if their request meets all of the criteria. Mr. Jacobs stated that it is necessary. Boardmember Sutton stated that he was just looking for a blanket"fix" for rote cases. Boardmember Gitelson asked if the Boardmembers could inform the staff of their position on a case by phone and eliminate the necessity for a meeting in some cases. Mr. Jacobs stated that a public hearing must be held. Boardmember Drew stated that he was amazed that a person would buy a piece of property and not be aware of the zoning. Mr. Jacobs stated that this is quite common. Boardmember Gitelson stated that he didn't find it surprising. He felt that most people just aren't aware of zoning issues. Boardmember Drew referred to the Fleming case and the fact that they also mentioned that they were unaware of the zoning when they bought their property. Chairperson Cheniae informed the Board that he agreed to Chair the Board for one more term and Ms. Neyer agreed to continue as Vice Chair. He will then no longer be eligible to Chair the Board. He urged the other Boardmembers to think about who wants to step into those shoes at the end of the term. Since there was no further business, Chairperson Cheniae called for a MOTION to adjourn. Boardmember Gitelson made a MOTION to adjourn. Boardmember Piceno SECONDED the MOTION which passed unanimously. The meeting was adjourned at 7:30 p.m. 11-1 Katie ougl. ,Recor.ing Secretary