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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 8/12/1999 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, AUGUST 12, 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 Richard Gitelson Gordon Cheniae, Chairperson CITY STAFF: Ray Jacobs, Zoning Administrator Rick Flaaen, Deputy 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. The Board identified those members who were present and absent. Mr. Jacobs introduced members of staff. As the first order of business, Chairperson Cheniae called for approval of the minutes from the July 8, 1999 regular meeting. Boardmember Piceno stated that he would like to make the following amendment to page 17 of the minutes: "Mr. Ogden made innuendoes about the lack of integrity of the members of the Board. Mr. Koehler responded by saying that denigrating the members of public service on the Board is not appropriate and very much unwelcome." August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 2 Boardmember Piceno made a MOTION to approve the minutes. as amended. Boardmember Neyer SECONDED the MOTION which passed unanimously. Chairperson Cheniae called for Business From the Floor. There were no items. • Chairperson Cheniae asked staff-if there were any requests for withdrawals or continuances. Mr. Jacobs stated that there was one request for a continuance. A letter was received from the applicant requesting that case ZV-99-09 be continued until the October 14, 1999 Board of Adjustment Hearing. 1. ZV-99-09 A request by Ada Pillar, representing YCW-Triple "T" Mobile Home Park, for variances allowing a 3-foot front and rear setback where 7 feet is the minimum required; a 10-foot separation between the rear of adjacent units where 14 feet is the minimum required; and a 10-foot side separation between units where 20 feet is the minimum required at Triple "T" Mobile Home Park in the R-4 MH (Multiple Residence, Mobile Home) zoning district. The property is located at 6439 W. Myrtle Avenue. Staff contact: Elizabeth Logan(Ocotillo District). Boardmember Piceno asked what the benefit is in continuing the case. Mr. Jacobs responded that the applicant was not prepared for the design and engineering requirements of the application and needed more time to complete the submittal. In response to a question from Boardmember Neyer, Mr. Jacobs stated that it is the Board's decision as to how many continuances would be allowed. Chairperson Cheniae asked if there is a downside to the City staff when a continuance is granted. Mr. Jacobs stated that the City might have to re-notice the public if the case is continued for an extended period of time. Boardmember Neyer asked what would happen if the Board voted against the continuance. Mr. Jacobs stated that if this happened, they could then hear the case on the original date if the applicant were present. Mr. Flaaen added that the applicant would then have to go forward for a hearing for which there would be very little information. Chairperson Cheniae asked if there was anyone present who wished to speak on ZV-99-09 who could not attend the next public hearing or who otherwise objected to this continuance. No one came forward to speak. Boardmember Piceno made a MOTION to continue ZV-99-09 until the October 1999 hearing. Boardmember Neyer SECONDED the MOTION which passed unanimously. August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 3 2. ZV-99-04: A variance request by Rebecca Johnson and Steve Beatty to allow a non-surfaced driveway and parking area where the Zoning Ordinance requires all parking spaces and driveway areas to be surfaced with concrete, asphalt, or paving block in the R1-6 PRD (Urban Residential, Planned Residential Development) zoning district. The property is located at 7339 West Griffin Avenue. Staff contact: ---Elizabeth Logan(Ocotillo District). Betsy 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, #2 and #4. Whether or not finding#3 was met was debatable. Boardmember Sutton stated that in regard to the Zoning Ordinance in 1993, he assumed a property which is zoned R1-6 PRD and is a residential property would have grandfathered rights. He asked if it were no longer being used as a residential property, would those rights disappear after one year. Mr. Jacobs replied that the non-conforming right would be lost after a one year period. The variance request is necessary because the Zoning Ordinance applies to new development. In response to a question from Chairperson Cheniae, Mr. Jacobs stated that the variance would not be necessary if the existing residence had not been torn down. In response to a question from Boardmember Gitelson, Mr. Jacobs stated that crushed stone and oil cake were eliminated in 1993 and one of the major reasons for the removal of crushed stone was delineation of the driveway. He said that often desert landscapes use crushed rock. If both the front yard and the driveway were crushed rock,•no driveway boundaries exist and the entire front yard was used as a parking area. The use of stone also made Code Enforcement activities difficult. Boardmember Koehler referred to the wing on the left-hand side to the rear and the building behind the house. He stated that they both look like they could be garages and asked which one is actually the garage. Ms. Logan stated that the existing garage is being used for storage. Boardmember Koehler commented thatthe right wing to the rear looks like it is open and could be used for parking. Ms. Logan stated that the parking would be to the rear. Chairperson Cheniae called the applicant to speak. The applicants were Steve Beatty and Rebecca Johnson, 7308 West Griffin. Mr. Beatty stated that he had some pictures of the property to show to the Board. Ms. Johnson stated that the property is 2.2 acres which is irrigated and has livestock on it. Concrete and asphalt would be detrimental to the livestock. Also, drainage would be a concern. The surrounding residents have granite driveways. She stated that in the 30 years she has lived on Griffin Avenue, dust from granite driveways has never been a problem. Their neighbors are supportive of the granite driveway. She added that before they purchased the property it had been used for illegal August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 4 activities. There were a number of abandoned vehicles on the property. It is now much improved. In response to a question from Boardmember Drew, Ms. Johnson stated that the driveway comes down the west side. Boardmember Drew asked if there was going to be a distinct driveway. Ms. Johnson stated that the granite would be on the west side. She stated that the pasture is on the east side of the house. In response to a question from Boardmember Gitelson, Ms. Johnson stated that in relation to the house the livestock was to the east and the south. In response to a question from Boardmember Gitelson, Mr. Beatty stated that there are approximately 40 trees on the property. He said that the irrigation water deliveries come from both Claremont and from Griffin Avenue. Using the overhead projector, Mr. Beatty showed the Board where the irrigation water came from (Claremont to the North and from Griffin to the South). He said that the driveway would be south of Griffin. In response to a question from Chairperson Cheniae, Mr. Beatty stated that they would take the granite all the way back to where the pasture started. They wanted to completely cover the dirt area. Chairperson Cheniae commented that he was concerned that they would be able to park a large number of vehicles on the gravel. Ms. Johnson stated that they had no intention of parking large numbers of vehicles on the gravel. Mr. Jacobs stated that the Zoning Ordinance parking standards relate to the improved front yard and access to required parking spaces. In response to a question from Chairperson Cheniae, Ms. Johnson replied that there will be grass directly in front of the house. She stated that they want their driveway to fit in with the rest of the neighborhood. In response to a question from Boardmember Drew, Mr. Beatty responded that the driveway would be 25 feet wide. Boardmember Neyer asked if the 25 feet were the distance from the house to the property line. Ms. Johnson stated that it was the distance from the house to the west fence. Boardmember Koehler commented that the whole area appeared to have been graded and leveled. He asked if the house and driveway would be raised above the irrigation area. Mr. August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 5 Beatty replied that the house is 1 foot above the elevation of the street and that the area is already bermed. Ms. Johnson stated that there are 2 garages which are 20 feet wide each. The area between them will be a patio. The public was then given the opportunity to speak. Margaret Thomas, 7340 W. Griffin, stated that she lives right across the street from this property. She stated that this is a big improvement. When she first moved in to her house, the property at 7339 W. Griffin had numerous abandoned cars. There was heavy traffic and numerous people coming and going at all times. Now, the property has a pasture and animals. It is much safer. She stated that crushed rock would be a big improvement and it would help keep the dust down. She also added that theirs is not a typical neighborhood and gravel would fit right in with the nature of the neighborhood. Boardmember Koehler asked if Mrs. Thomas' driveway was blacktop to which she replied that it was part cement and part crushed rock. She said they plan to improve their driveway in the future. Karen Aborne, 7318 W. Griffin, stated that she has resided in the neighborhood for 19 %2 years. She shared her perspective of the neighborhood. Before Ms. Johnson and Mr. Beatty bought the property there was a great deal of drug traffic. The house caught fire and was condemned. The house was then torn down. She stated that the neighbors care about the neighborhood. None of the neighbors object to a granite driveway. She said that she also has a crushed granite driveway. Mrs. Aborne then mentioned the neighborhood's interest in a Historic Preservation Overlay. She stated that they want to keep asphalt out of the neighborhood and felt that gravel will have a positive effect on the neighborhood. She also stated that the temperature in neighborhoods which use asphalt for driveways is higher than in those that use other materials. Chairperson Cheniae closed the public hearing on ZV-99-04. Boardmember Koehler made a MOTION to APPROVE ZV-99-04 subject to stipulations. Boardmember Piceno SECONDED the MOTION. Boardmember Koehler stated that this is a lifestyle situation. The rural atmosphere is disappearing. The statutes given were created for high-density urban development. He felt this rural area existed long before the surrounding houses. He would support the variance. Boardmember Gitelson stated that eventually this land will also be developed. He did not necessarily agree with finding#2. His concern was that they are setting a precedent. August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 6 Boardmember Sutton stated that he had an issue with the ordinance itself. He wondered if it applied to the front of the house or the entire property. He also was concerned with setting a precedent for this area for this property. He did not feel that findings #2 and #3 had been met. He stated that he would not be able to support the variance. Boardmember.Piceno.stated-.that.-heagreed with staff that.findings #1, #2 and #4 had been met. He also felt that whether or not finding #3 was met was debatable. However, he was in favor of the applicant. He said the intent of the applicant, the goodwill shown by the neighbors and the general betterment of the area compelled him to support the variance. Boardmember Drew concurred with the staff regarding findings#1, #2 and#4. He stated that the gravel will eventually become as hard as concrete. He would support the variance. Boardmember Neyer concurred with Boardmember Koehler. She also understood the concerns of Mr. Sutton and Mr. Gitelson, but she felt that in the event that the area would be developed it would be a different density and that it would not be an issue at that time. Therefore, she would support it. Chairperson Cheniae stated that he concurred with the staff on findings #1, #2 and #4. He also felt that whether or not it met finding #3 was debatable. He did not feel that the crushed granite driveway would be out of character with those in the neighborhood. He also saw a good deal of support from the neighbors for the variance. He would support the variance. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED 6-1 with Boardmember Sutton voting NAY. 3. ZV-99-10: A variance request by Charles and Stacey Toben to allow a 50-foot front setback where 75 feet is the minimum required and a 40-foot side setback where 50 feet is the minimum required in the A-1 (Agricultural) zoning district. The property is located at 14014 North 64th Drive. Staff contact: Elizabeth Logan (Sahuaro District). Elizabeth Logan presented the application, reviewing the site and request. She concluded her presentation by stating that staff felt the request appeared to meet all of the required findings. There were no questions of the staff at this time. Chairperson Cheniae called the applicant to speak. Charles Toben, 14014 N. 64th Drive, stated that he had nothing more to add. He stated that he met with Ms. Logan several times. He further stated that he was less than happy with this whole process. He stated that his property was referred to as an anomaly. He stated that he took it personally. August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 7 Chairperson Cheniae assured him that it was not personal in any way. Mr. Toben and his wife did not feel their request was out of line. It was the only place they could add on. He felt there was a lot of red tape and stated that maybe that's because his property is an anomaly. Chairperson Cheniae stated that everyone who is in A-1 zoning is an anomaly. Mr. Toben stated that he and his wife spoke with several neighbors regarding the variance and received only positive feedback. He stated that they could not expand to the west because they had a pool in the back yard. In response to a question from Boardmember Drew, Mr. Toben stated that they bought the property in July 1997. Chairperson Cheniae closed the public hearing on ZV-99-10. Boardmember Drew made a MOTION to APPROVE ZV-99-10. Boardmember Gitelson SECONDED the MOTION. Boardmember Neyer stated that this is a typical A-1 variance request. She said she would support the variance. Boardmembers Drew,Piceno, Sutton, Gitelson, Koehler and Chairperson Cheniae concurred. 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 the September meeting has six variance requests by Habitat for Humanity located on lots zoned R-3 south of Glendale Avenue east of 59th Avenue in an older part of the city. He said each of the variances are side yard setback requests. In an effort to save time he suggested that all six cases be presented at once. However, it would be necessary to make six separate motions. The members of the Board were in agreement with this suggestion. Chairperson Cheniae stated that he will be unable to attend the October 14, 1999 Board of Adjustment Hearing. Boardmember Drew stated that he may be out of town on that evening. Boardmember Sutton stated that he may also be out of town on that evening. In addition, Boardmember Neyer stated that she would not be able to attend due to a prior commitment. August 12, 1999 BOARD OF ADJUSTMENT MINUTES Page 8 Boardmember Drew said that he definitely would not be able to attend the September 9, 1999 Board of Adjustment Hearing. Chairperson Cheniae asked if there were any Planning Staff Reports. Mr. Jacobs stated that there were.none. Mr. Jacobs asked if the members of the Board had any questions regarding the parking issue discussed in ZV-99-04. He stated that Code Enforcement is responsible for the parking of vehicles in front yards. In response to Boardmember Sutton's question, Mr. Jacobs said the ordinance applies to the front yard for most residential properties. 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 8:30 p.m. Kati- Dough s, Rec t rding Secretary