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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/9/1999 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, SEPTEMBER 9, 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 Robert Koehler Kathe Neyer Kenneth Sutton Richard Gitelson Gordon Cheniae, Chairperson Boardmember Drew was absent. CITY STAFF: Ray Jacobs, Zoning Administrator Rick Flaaen, Deputy City Attorney Elizabeth Logan, City Planner Ricardo Toris, 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. Flaaen introduced members of staff. • As the first order of business, Chairperson Cheniae called for approval of the minutes from the August 12, 1999 regular meeting. Boardmember Piceno made a MOTION to approve the minutes. Boardmember Koehler SECONDED the MOTION which passed unanimously. Chairperson Cheniae called for Business From the Floor. There were no items. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 2 Chairperson Cheniae asked staff if there were any requests for withdrawals or continuances. Mr. Flaaen stated that there was a request for the withdrawal of ZV-99-19 because the applicant has determined that they can comply with the zoning requirements for that particular.property. 1. ZV-99-19: A variance_request by Habitat for Humanity Valley.of the Sun on behalf of Alfredo Gutierrez to allow a five (5) foot and ten(10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twenty (20) feet is the minimum required. The property is located at 6518 North 53rd Drive. Staff contact: Ricardo Toris (Ocotillo District). No action was required of the Board. 2. ZV-99-12: A variance request by Patrick and Sara Grimes to allow a 50-foot front setback where 75 feet is the minimum required; a 15-foot side setback where 50 feet is the minimum required; and 20% lot coverage where 10% is the maximum lot coverage allowed in the A-1 (Agricultural) zoning District. The property is located at 14014 North 64th Drive. Staff contact: Elizabeth Logan (Sahuaro District). Mr. Flaaen stated that the actual address of the above variance request was 13849 North 641 Drive. 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. In response to a question from Boardmember Koehler, Ms. Logan stated that the project had already begun construction but was not completed. Chairperson Cheniae called the applicant to speak. Pat Grimes, 13849 North 64th Drive, stated that he spoke with all of his neighbors. He stated that the outside of the project is done, but they stopped in the middle of it when they found out a variance hearing was necessary. Chairperson Cheniae asked if the applicant was aware of the need for a building permit. Mr. Grimes' response was yes. He said that requesting a variance could be a lengthy process and he didn't want to have to wait to construct his addition. He referred to the fact that prior to the zoning change in 1993, this variance would not have been necessary. He stated that to his knowledge he and his neighbors were not notified when the zoning requirements changed. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 3 In response to Chairperson Cheniae's question, Mr. Grimes stated that he does work for a city government. Chairperson Cheniae asked if he was familiar with government and process and zoning requirements. Mr. Grimes stated that he was. Boardmember Gitelson asked why the people were or weren't notified of the change in zoning requirements. Ms. Logan stated that the public is notified through neighborhood meetings and advertisement in the Glendale Star. It is a citywide action,not one that is focused on one area. Mr. Flaaen stated that in 1993 the city amended the zoning ordinance. The zoning did not change, what changed were the development standards for the A-1 district. Advertising was done in the Glendale Star and the Arizona Republic in addition to the steps mentioned by Ms. Logan. Mr. Grimes stated'that he originally had a 75 foot setback, but dedicated 25 feet to the city for turnaround for the garbage trucks. This left them with a 50 foot setback. Chairperson Cheniae stated that he received a call from an individual who lived in the Grimes' neighborhood. This person informed him that there were individuals in the neighborhood who were building without obtaining permits. Chairperson Cheniae stated that he personally works for the federal government and would never put himself in the position of coming before a government body and asking for something after he had already violated the zoning ordinance. Mr. Grimes admitted that he knowingly built without permits and agreed with Chairperson Cheniae that it was not a good representation of a City employee. In.response to Boardmember Neyer's question, Mr. Grimes stated that he built it himself using subcontractors. He said that he had built by building code or better. In response to Boardmember Piceno's question, Mr. Grimes stated that he would have to appeal it to the City Council or tear it down. He stated that he had put approximately $25,000 in the project thus far. He commended Ms. Logan for her assistance in this matter. In response to Boardmember Sutton's question, Mr. Grimes stated that the building can be inspected as no electrical had been done yet. In response to Boardmember Piceno's question, Mr. Grimes stated that approximately 50% of the project was completed when the city informed him that he was in violation of code. He stated that the only work done after that was to put sheeting on the roof to protect it from rain. Boardmember Gitelson asked if this type of situation had occurred in the past. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 4 Mr. Flaaen stated that this is something that occurs from time to time. Chairperson Cheniae stated that some members of the homeowners association are not pleased that these actions do take place in advance of getting building permits. Chairperson Cheniae closed the public hearing on ZV-99-12. Boardmember Koehler made a MOTION to APPROVE ZV-99-12. Boardmember Neyer SECONDED the MOTION. Boardmember Gitelson stated that he was troubled that the variance request occurred after the fact. He asked if he could abstain from voting. Mr. Flaaen stated that if he had a conflict that prevented him from rendering a decision on this issue he could abstain from voting. If there were no conflict, a vote would be expected of him. Boardmember Gitelson stated that he was sympathetic to the applicant but he was troubled by the manner in which the building took place. Boardmember Sutton stated that his main concern was that the maximum lot coverage be reduced to 12%. He said he would support the variance provided the lot coverage were reduced to 12% or he would agree with 20% lot coverage if it were applied to the footprint of the house. Boardmember Piceno stated that he also was troubled by the request. The fact that the applicant applied for a variance after the fact was an issue with him. This type of thing has occurred before, but the applicants professed ignorance in those cases. He said this is a case of a fire captain of a municipality knowingly violating code and it troubled him. Boardmember Neyer stated that she agreed with Mr. Piceno. She said she was not sure that the fact that the applicant applied for the variance after the fact was an issue. She felt that the issue was whether or not the four findings were met, which she felt they were. She stated that she would support the variance. Boardmember Koehler said he agreed with Ms. Neyer. He felt they should approve it if indeed the four findings were met, which he felt they were. He also was concerned with the lot coverage. He would support the variance if the maximum coverage were reduced to 15%. Chairperson Cheniae stated that he had mixed feelings. He said the other Boardmembers brought up some excellent points. He said that he would support the request as it stood. Chairperson Cheniae called for a Roll Call Vote, and the MOTION WAS DENIED 3-3 with Boardmembers Piceno, Sutton and Gitelson voting NAY. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 5 Mr. Flaaen stated that at this point if a Boardmember wished to suggest an alternative motion it would be appropriate to do so. Boardmember Sutton made a MOTION to APPROVE ZV-99-12 with a stipulation allowing for a maximum lot coverage of 12% rather than 20%. Boardmember Gitelson SECONDED the MOTION. Chairperson Cheniae called for Roll Call Vote, and MOTION PASSED 4-2 with Boardmembers Gitelson and Piceno voting NAY. 3. ZV-99-14: A variance request by Robert Davis to allow 15% lot coverage where 10% is the maximum lot coverage allowed in the A-1 (Agricultural) Zoning District. The property is located at 13850 N. 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. Robert Davis, 13850 N. 641 Drive, stated that he is trying to add a patio structure to their home. He said it was part of the master plan for the house,which was built in 1978. He said that he also dedicated 25 feet of his property to the City and that he was not aware of projects being done without permits or variances. In response to a question from Boardmember Neyer, Mr. Davis stated that when they sent the letter to the neighbors they thought the setbacks were not in compliance with the new code. Ms. Logan stated that the applicant is building an accessory structure which does not have to meet the same setbacks that the primary structure would. In response to a question from Boardmember Neyer, Ms. Logan stated that the letter that was sent to the neighbors should have been worded differently, but Mr. Davis did speak with his neighbors about the lot coverage issue. Chairperson Cheniae closed the public hearing on ZV-99-14. Boardmember Piceno made a MOTION to APPROVE ZV-99-14. Boardmember Neyer SECONDED the MOTION. Boardmember Sutton stated that 15% lot coverage was more than necessary and said he could not support the variance. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 6 Boardmembers Neyer, Koehler, Piceno, Gitelson, and Chairperson Cheniae stated that they would support the variance request. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED 5-1 with Boardmember Sutton voting NAY. Chairperson Cheniae stated that the next five cases on the agenda were Habitat for Humanity cases. In each case the properties were essentially the same size and the variances to the zoning ordinance were essentially the same. It was decided that staff would present all five cases together at one time. Discussion would then be held on all five cases simultaneously. Mr. Flaaen stated that a separate motion must be made for each case and then a separate vote would be taken for each one. 4. ZV-99-16: A variance request by Habitat for Humanity Valley of the Sun on behalf of Miguel Moreno to allow a five (5) foot and ten (10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twenty (20) feet is the minimum required. The property is located at 6621 North 54th Avenue. Staff contact: Ricardo Toris (Ocotillo District). 5. ZV-99-17: A variance request by Habitat for Humanity Valley of the Sun on behalf of Thomas Moreno, Jeanni Moreno and Miguel Moreno to allow a five (5) foot and ten (10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twenty (20) feet is the minimum required. The property is located at 6634 North 54th Avenue. Staff contact: Ricardo Toris (Ocotillo District). 6. ZV-99-18: A variance request by Habitat for Humanity Valley of the Sun on behalf of Mary Rodriguez and George Vasquez to allow a five (5) foot and ten(10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twenty (20) feet is the minimum required. The property is located at 6613 North 54th Drive. Staff contact: Ricardo Toris (Ocotillo District). 7. ZV-99-20: A variance request by Habitat for Humanity Valley of the Sun on behalf of Manuel Reyes to allow a five (5) foot and ten (10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twenty (20) feet is the minimum required. The property is located at 6610 North 55th Avenue. Staff contact: Ricardo Toris (Ocotillo District). 8. ZV-99-21: A variance request by Habitat for Humanity Valley of the Sun on behalf of Robert Beck to allow a five (5) foot and ten (10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twenty (20) feet is the minimum required. The property is located at 6733 North 55th Drive. Staff contact: Ricardo Toris (Ocotillo District). September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 7 Ricardo Toris presented the applications, reviewing the sites and the requests. He concluded his presentation by stating that staff felt that all five requests appeared to meet all the findings. In response to a question from Boardmember Sutton, Mr. Toris stated that there are some houses in the neighborhood that have carports that are accessed from alley. He said staff asked the Traffic Departmentif.it was acceptable.to use the alley to access the carports and they were told that it was acceptable. Boardmember Sutton asked what would happen if the variance requests were granted and the homes were not constructed. Mr. Toris said that the variance applies to the property,not the owner, and it would still stand. In response to a question from Boardmember Koehler, Mr. Toris stated the 5' and 10' setback request is compatible with the neighborhood and follows the R1-6 zoning district requirements and that the houses are not centered because if they were it would minimize usage of the side yard. By having one side with a 10 foot setback, it would allow for an RV gate,patio, etc. Chairperson Cheniae called the applicant to speak. Chris Wolf, 1432 East Saint Catherine, stated that they have spent a good deal of time with the City staff on these requests. He said that Habitat for Humanity exists to help families get single family homes. The neighbors are very supportive of the projects. The intent of Habitat for Humanity is to work in partnership with the neighborhood and acquire land and develop the neighborhood. In response to questions from Boardmember Neyer, Mr. Wolf said that all five lots are the same size. He said that construction on four of the lots is scheduled to begin on November 8th. He stated that there are three variations of the house product. The family selecting the lot will decide which house product to use. Boardmember Piceno commended Habitat for Humanity, and Honeywell Corporation who contributed $300,000 toward this project. He said he is personally aware of the Habitat for Humanity program. The owners take pride in these homes and maintain them. Pride of . ownership is evident at these homes. Chaiperson Cheniae voiced his agreement with Boardmember Piceno. Chairperson Cheniae closed the public hearing on ZV-99-16, ZV-99-17, ZV-99-18, ZV-99-20 and ZV-99-21. Boardmembers Neyer, Koehler, Piceno, Sutton, Gitelson and Chairperson Cheniae stated that they would support the variance requests. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 8 Boardmember Piceno made a MOTION to APPROVE ZV-99-16. Boardmember Koehler SECONDED the MOTION. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Boardmember Koehler made a MOTION to APPROVE ZV-99-17. Boardmember Sutton SECONDED the MOTION. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Boardmember Sutton made a MOTION to APPROVE ZV-99-18. Boardmember Piceno SECONDED the MOTION. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Boardmember Neyer made a MOTION to APPROVE ZV-99-20. Boardmember Gitelson SECONDED the MOTION. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Boardmember Sutton made a MOTION to APPROVE ZV-99-21. Boardmember Piceno SECONDED the MOTION. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Mr. Wolf, on behalf of Habitat for Humanity, thanked the staff for their support and he welcomed each of them to come swing a hammer or run a saw or help in any manner. Chairperson Cheniae asked if there were any Other Business. Mr. Jacobs stated that it would be necessary to reschedule the October meeting to the 20t. Boardmember Piceno made a MOTION to vacate the October 14 meeting date and reschedule the October hearing to October 20, 1999. Boardmember Neyer SECONDED the MOTION. September 9, 1999 BOARD OF ADJUSTMENT MINUTES Page 9 Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Chairperson Cheniae asked if there were any Planning Staff Reports for the October meeting. Mr. Jacobsstated that the Triple T Mobile Home Park case would be heard on that night. There was also a sign variance, some A-1 variances and another setback variance. He noted that previously five of the seven Boardmembers had indicated they would be in attendance for the October 20 hearing date. Boardmember Piceno had a question regarding the appeal process. He was told that the legislature changed the process and that it no longer went from the Board to the City Council and that it went straight to the Superior Court. Mr. Flaaen stated that each city had the option to change the process or retain the option of going to the Superior Court OR going to the City Council. He said that the City of Glendale chose not to change the process. In response to a question from Boardmember Neyer, Mr. Jacobs stated that all properties included in variance requests are posted. Boardmember Sutton asked if all properties were posted when a zoning ordinance rewrite occurs. Mr. Flaaen responded that it would be impractical to do so. There is an attempt to give as much notification as possible. The Glendale Connection is used as one tool to notify the public. Large articles were printed in the Community Section in addition to publication in the Glendale Star. Boardmember Koehler stated that he received a letter from the mayor regarding the meeting to discuss freeways and construction. He encouraged all Boardmembers to attend and represent the West Valley. Boardmember Piceno made a MOTION to ADJOURN. Boardmember Gitelson SECONDED the MOTION which passed unanimously. Since there was no further business, Chairperson Cheniae called for a MOTION to adjourn. Boardmember Piceno made a MOTION to adjourn. Boardmember Gitelson SECONDED the MOTION which passed unanimously. The u}eeting was adjourned at 8:4 1 p.m. 0 1 I 111 Katie ►►ouglas, R-cord ng Secretary