Loading...
HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/20/1999 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, OCTOBER 20, 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 Kathe Neyer Kenneth Sutton Daniel Drew Gordon Cheniae, Chairperson Boardmembers Koehler and Gitelson were 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. Jacobs introduced members of staff. As the first order of business, Chairperson Cheniae called for approval of the minutes from the September 9, 1999 regular meeting. Boardmember Drew stated that page 9 of the minutes should be amended as it incorrectly stated that he seconded the motion to adjourn the meeting. The minutes were amended to reflect that it was actually Boardmember Gitelson who seconded the motion. Boardmember Piceno made a MOTION to approve the minutes as amended. Boardmember Sutton SECONDED the MOTION which passed unanimously. October 20, 1999 BOARD OF ADJUSTMENT MINUTES Page 2 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. There were none. 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 a10-foot side separation between units where 20 feet is the minimum required at Triple "T" Mobile Home Park in the R-4 (Multiple Residence, Mobile Home) zoning district. The property is located at 6439 West Myrtle 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 and #2. Findings #3 and#4 could be met if a 5' setback on all perimeter spaces was stipulated. In response to questions from Boardmember Neyer, Ms. Logan stated that some existing mobile home enclosures prevented the owner of the mobile home park from placing new mobile homes on the adjacent lot. The enclosures may be legal, non-conforming. Mobile homes installed in the future would not be allowed to add enclosures. The removal of enclosures may not allow larger mobile homes to be located on the adjacent spaces. Boardmember Drew expressed concern regarding the gas meter headers and what would happen to the existing lines which were no longer in use. Mr. Jacobs did not believe gas lines created a problem but the question could be directed to Mr. Greg Victor, City of Glendale Fire Marshal. Boardmember Sutton asked if safeguards were in place to prevent installation of older mobile homes in the park. Mr. Jacobs said there is no guarantee that new units will be installed. The variance request will allow some existing vacant spaces to be used. Chairperson Cheniae asked if this discriminates against the age of mobile homes and wondered if it were allowed. Mr. Flaaen said that the variance request deals only with setbacks. At this time, an older mobile home could be moved onto the vacant spots. In response to a question from Boardmember Drew, Ms. Logan said that there must be a minimum of 5 feet between awnings. Boardmember Drew was concerned that installation of larger mobile homes would prevent parking in the driveways which were situated between the homes. He asked if the mobile home owners would be forced to park their vehicles on the street and wondered if this would prevent emergency vehicles from getting through. Ms. Logan stated that the mobile homes can not cover the driveways. Therefore, it would not be necessary to park in the streets. October 20, 1999 BOARD OF ADJUSTMENT MINUTES Page 3 Chairperson Cheniae asked if the applicant agreed to the four stipulations to which Ms. Logan replied that the applicant was in agreement. In response to a question from Chairperson Cheniae, Mr. Victor stated that they had worked with the applicant regarding the layout of the fire hydrants and said they would provide for ample distribution of water throughout the park. Chairperson Cheniae stated that he is comfortable with the variance provided the four stipulations are met. He asked if Mr. Victor was comfortable with the stipulations. Mr. Victor replied that the stipulations were appropriate. Boardmember Drew asked what would be done with the existing gas lines at the mobile home park. Mr. Victor stated that he was not involved with that aspect of it but stated that a permit is required to set a mobile home on the site and he was confident that it would be addressed at the appropriate time. Chairperson Cheniae called the applicant to speak. Ada Pillar, 6439 W. Myrtle Avenue, stated that when she bought the mobile home park the City informed her that there were too many RV's in the park and, as a result, she reduced the number of RV's to 27. This resulted in a number of small vacant lots. She stated that she has cleaned up the park and removed mobile homes which violated the existing code. At this time, the applicant presented color-coded maps of the mobile home park to the Boardmembers. Ms. Pillar stated that she is losing revenue because 25 lots are currently vacant. She said she does not plan to bring in older homes that are not built to HUD code. In regard to the fire hazard, she said that if the variance is approved, it will result in an increase in revenue which would allow her to install fire hydrants throughout the park, thereby reducing the fire hazard. If the variance is not approved, she may be forced to increase the monthly rent. In response to a question from Boardmember Neyer, Ms. Pillar stated that she agreed not to take away the parking from existing tenants. However, mobile homes installed in the future might cover a portion of the patios. She said gas lines are inspected before new mobile homes are brought in. In regard to forcing people to move their mobile homes out,of the park, she said she can't make them do this unless they put the mobile homes up for sale at which time she would request they make upgrades to the home such as painting the exterior, add skirting to the bottom, and removing any enclosures. In response to a question from Boardmember Sutton, Ms. Pillar stated that the lots are leased. In response to a question from Boardmember Drew, Ms. Pillar said that the mobile home park owns the gas system on the property. October 20, 1999 BOARD OF ADJUSTMENT MINUTES Page 4 Ms. Pillar then said that they do not allow parking on the street. Each space is provided with two parking spaces and extra parking is available at the clubhouse. In response to a question from Boardmember Piceno, Ms. Pillar said that mobile homes built in 1995 or newer were HUD compliant and had retractable tongues. In response to a question from Boardmember Neyer, Ms. Pillar stated that she had a number of potential renters, many of whom were senior citizens. The public was then given an opportunity to speak. Keith Kronback, 6439 W. Myrtle #80, said his main concern was that the fire danger would be greater if the trailers were placed closer together. He stated that he did not support the variance. Julie Phillips, 6439 W. Myrtle #2, said that approval of this variance would result in loss of a portion of their patios or yards. If wider trailers were brought in, she felt they would encroach on her space. She said she did not support the variance. Philip Nelson, 6439 W. Myrtle #109, said that he was concerned with the proximity of the mobile homes to each other. He said he was against the variance. Robert Pruett, 6439 W. Myrtle #58, said that he was concerned that the elderly tenants would be evicted since they lived in older mobile homes. He said that the roofs of the newer mobile homes were pitched and thus would create a fire hazard. He was against the variance. Robert Totman, 6439 W. Myrtle#59, suggested that park management allow 16 foot wide homes to be moved in as opposed to double wide homes. He said that he would like to see fire hydrants installed but that he was opposed to the variance. Brenda Sechrist, 6439 W. Myrtle #81, said that she was against the reduction of setbacks which she felt would result in increased fire hazard. She said she did not support the variance. Rita Donnelly, 6439 W. Myrtle#63, stated that the new owners are not asking anyone to move or vacate the premises. She stated that as a citizen she has the right to live in a clean environment and felt that the new owners were attempting to accomplish that. She supported the variance. Carl Parson, 6439 W. Myrtle #147, said that his concern was what would happen if his current neighbor sold their mobile home and a newer, larger model were brought in. He worried that he would be "squeezed" if this happened. He also said that the spaces in the park are not uniform in size and felt that the variance would not work well in this case. He said he did not support the variance. Mary Colbert, 6439 W. Myrtle #131, referred to a mobile home fire that occurred approximately 5 years ago in the space next to hers. She said that the mobile home burned quickly and the side of her mobile home and her car were scorched. She stated that she was concerned with the 10 October 20, 1999 BOARD OF ADJUSTMENT MINUTES Page 5 foot setback variance. She felt it would place the residents' mobile homes too close together resulting in an increased fire hazard. She said she does not support the variance. Debbie Gibbs, 6439 W. Myrtle#67, suggested a 15 foot setback rather than a 10 foot setback. Boardmember Cheniae stated that the size of the setback was negotiated between the applicant and City Staff. Ms. Pillar gave her final statement. She said that parking would not be affected by the change in setbacks. She stated that the residents who had "add-a-rooms" on their mobile homes prevented her from putting in mobile homes in the spaces next door. She said that the new mobile homes are more fire resistant that the older models. She said they are not trying to move out the older mobile homes to bring in newer ones. She merely expected residents to maintain their homes. She added that the City doesn't address property lines in mobile home parks. The City specifies the necessary amount of footage between homes. Boardmember Neyer asked if mobile homes installed in the future would be placed on the patio of the adjacent neighbor. Ms. Pillar stated that this would not be allowed. Boardmember Neyer then asked if the residents got a certain amount of yard. Ms. Pillar stated that the resident's yard is usually behind the driveway and patios with some in the front and some in the rear. Boardmember Drew asked if there were any distinction between mobile home lots to which Ms. Pillar replied that the distinction is the amount of footage between the mobile homes. Boardmember Sutton commented that there was much concern from the residents regarding installation of double wide mobile homes. He said it doesn't look like the variance will allow for many doubles. Ms. Pillar told him he was correct. Chairperson Cheniae closed the public hearing on ZV-99-09. Boardmember Neyer made a MOTION to APPROVE ZV-99-09. Boardmember Sutton SECONDED the MOTION. Boardmember Sutton said the variance meets the four findings with the stipulations. He stated that the installation of newer mobile homes, even if they are closer together, will be safer from a fire hazard standpoint. He said he would support the variance. Boardmember Piceno said that with the assurance of the fire marshal and the stipulations of the four findings the owner has every right to a return on his/her investment. He felt that reasonable accommodation was being attempted. He agreed with staff that with the stipulations all four findings were being met and he would support the variance. October 20, 1999 BOARD OF ADJUSTMENT MINUTES Page 6 Boardmember Drew stated that he had mixed emotions. He agreed that most of the requirements were met. The gas system concerned him. He said he would not support the variance. Boardmember Neyer stated that she agreed with Boardmembers Sutton and Piceno in that the four findings had been met. She felt that the management had worked very hard on this and that the residents would be unhappy in the long run if the variance were not approved and fire hydrants installed. She said she would support the variance. Chairperson Cheniae stated that he also had mixed emotions. However, with the assurance of the Fire Marshal as it relates to the stipulations that pertain to the variance, he felt the four findings had been met and said he would support the variance. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED 4-1 with Boardmember Drew voting NAY. Chairperson Cheniae then called for a ten minute break. The meeting resumed at 9:25 p.m. 2. ZV-99-25: A variance request by Desert Development and Design Corporation, representing Keith Barone, to allow 15% lot coverage where 10% is permitted in the A-1 (Agricultural) zoning district. The property is located at 5831 West Mercer Lane. 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 findings #1, #2 and #4. Whether finding#3 was met was debatable. There were no questions of the staff at this time. Chairperson Cheniae called the applicant to speak. Tim Henrickson, Desert Development & Design, P.O. Box 1777, representing Mr. and Mrs. Barone, said that the Barones own a motor home and some classic cars for which they need a garage. He said the garage will match the house. Chairperson Cheniae closed the public hearing on ZV-99-25. • Boardmember Drew made a MOTION to APPROVE ZV-99-25. Boardmember Neyer SECONDED the MOTION. Boardmember Neyer said she was well-versed in A-1 zoning and felt the four findings were met. She said she would support the variance. October 20, 1999 BOARD OF ADJUSTMENT MINUTES Pagel Boardmember Sutton stated that he had concerns with lot coverage. He said that 12 'h % coverage was all that's necessary, not 15%. He did feel that findings # 1, #2 and #4 were met and said he would support the variance. Boardmembers Drew and Piceno supported the variance. Chairperson Cheniae said that he was happy to see the applicant request 15% lot coverage rather than 12 lh %. Otherwise, the same applicant may be forced to request another variance in the future to increase lot coverage which would result in the board hearing yet another case. He felt that in the interest of time it was best to approve the 15% lot coverage request. He said he would support the variance. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. 3. ZV-99-13: A variance request by David Haro on behalf of Rolando Flores to allow a five (5) foot four (4) inch and ten (10) foot side yard setback in the R-3 (Multiple Residence) zoning district where twe1 y 20 feet is the minimum required. The property is located at 6710 North 54 Avenue. Staff contact: Ricardo Toris (Ocotillo District). Ricardo Toris presented the applications, reviewing the sites and the requests. He concluded his presentation by stating that staff felt that the request appeared to meet all the findings. In response to a question from Chairperson Cheniae, Mr. Toris said that this request is similar to the Habitat for Humanity requests that were heard recently by the Board. Chairperson Cheniae called the applicant to speak. David Haro, 7103 W. Mescal Street, representing Mr. Rolando Flores, stated that Mr. Flores is building his own home. The lot in question, which Mr. Flores owns, has been vacant for 18 years. Chairperson Cheniae closed the public hearing on ZV-99-13. Boardmember Drew made a MOTION to APPROVE ZV-99-13. Boardmember Piceno SECONDED the MOTION. Boardmembers Sutton, Piceno, Drew, Neyer, and Chairperson Cheniae stated that they supported the variance request. Chairperson Cheniae called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Chairperson Cheniae asked if there were any Other Business. October 20, 1999 BOARD OF ADJUSTMENT MINUTES Page 8 • Boardmember Sutton said that lot coverage is a strong concern for him. He noted that the property owner letters don't specify lot coverage and said that approving blanket coverage concerns him. Chairperson Cheniae told Boardmember Sutton that he hoped his comments about lot coverage didn't offend him. He said that when he makes a decision regarding an issue such as that of the lot coverage, he weighs the process of time and staff against the 21/%. Mr. Jacobs reminded the Board that the date of the November meeting had changed from November 11th, which is a Holiday, to November 18th, 1999. Boardmember Piceno stated that he would be in Washington D.C. on business and would therefore be unable to attend the November 18th meeting. Chairperson Cheniae asked if there were any Planning Staff Reports for the November 9th meeting. Mr. Jacobs replied that there were none. Since there was no further business, Chairperson Cheniae called for a MOTION to adjourn. Boardmember Piceno made a MOTION to adjourn. Boardmember Sutton SECONDED the MOTION which passed unanimously. The meeting was adjourned at 9:55 p.m. ptrui Katie Dougla , 'e.•rding Secretary