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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 2/10/2000 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, FEBRUARY 10, 2000 The regular meeting was called to order at approximately 7:00 p.m. by Vice Chairperson Neyer, with the following members and representatives present: BOARD MEMBERS: Kathe Neyer Richard Gitelson Daniel Drew Ron Piceno • Boardmembers Sutton, Koehler and Cheniae were absent. CITY STAFF: Ray Jacobs, Zoning Administrator Rick Flaaen, Deputy City Attorney Thomas Sedlmeier, Senior Planner Dan Fairbanks, Senior Planner Katie Douglas, Recording Secretary • Vice Chairperson Neyer 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, Vice Chairperson Neyer called for approval of the minutes from the January 13, 2000 regular meeting. Boardmember Drew made a MOTION to approve the minutes. Boardmember Gitelson SECONDED the MOTION which passed unanimously. Vice Chairperson Neyer called for Business From the Floor. There were no items. Vice Chairperson Neyer asked staff if there were any requests for withdrawals or continuances. Mr. Jacobs said there was a request for a continuance on ZV-99-30. February 10, 2000 BOARD OF ADJUSTMENT MINUTES Page 2 1. ZV-99-30: A request by Kathy Gindt to approve a variance to reduce the required rear setback from 40 feet to 20 feet and the required side setback from 25 feet to 20 feet in the RR-45 (Rural Residential) zoning district on 1.159-acre parcel. The site is located approximately 450 feet south of the southwest corner of 63rd Avenue and Greenbrier Drive (17250 North 63rd Avenue). Staff Contact: Susan Hacker(Cholla District). Boardmember Piceno made a MOTION to CONTINUE ZV-99-30. Boardmember Drew SECONDED the MOTION. Vice Chairperson Neyer called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Vice Chairperson Neyer 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. Vice Chairperson Neyer then explained the Board's hearing process. Vice Chairperson Neyer called for the next item on the agenda. 2. ZV-99-29: A request for a parking variance by Arvid Johnson for Conair Corporation to reduce the required number of parking spaces from 417 spaces to 82 spaces in the M-1 (Light Industrial) zoning district. The 32.8-acre parcel is located at 7475 North Glen Harbor Boulevard. Staff Contact: Thomas Sedlmeier (Yucca District). Mr. Sedlmeier presented the application, reviewing the site and request. He concluded his presentation by stating that staff felt the request appeared to meet all four findings. In response to a question from Boardmember Drew, Mr. Sedlmeier said that if the use of this site changed in the future, the parking variance would no longer apply. Vice Chairperson Neyer called the applicant to speak. Arvid Johnson, 1641 West Glendale Avenue, said he accepted the staff's findings and he'd be happy to answer any questions. Boardmember Gitelson asked if the employee count of 250 included management personnel to which Mr. Johnson replied yes. Mr. Johnson said that this is the western region distribution center for Conair. In response to another question from Boardmember Gitelson, Mr. Johnson said they do have spaces for carpooling. Boardmember Gitelson asked why Conair was providing only 244 spaces when they had 250 employees. February 10, 2000 BOARD OF ADJUSTMENT MINUTES Page 3 Arthur Meehan, 7475 North Glen Harbor Boulevard, said that Conair currently employs only 211 people. He said the figure of 250 was given because they occasionally employ temporary staff. Boardmember Piceno stated that his calculation shows that according to the square footage, Conair would only have 224 spaces. In response to a question from Boardmember Drew, Mr. Meehan said they have twenty employees on the night shift. Mr. Johnson said that Conair employees are well accommodated. Vice Chairperson Neyer closed the public hearing on ZV-99-29. Boardmember Drew made a MOTION to APPROVE ZV-99-29. Boardmember Piceno SECONDED the MOTION. Boardmember Gitelson said he was happy with the variance request. Boardmember Piceno agreed that it met all four findings. Boardmember Drew said he felt it could be worked out. Vice Chairperson Neyer called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. 3. ZV-99-31: A request for a landscape variance by Ming Chen for Tony Tran to allow a landscape buffer from zero to 10 feet in width where 15-feet is required in the C- 2 (General Commercial) zoning district. The 0.28-acre property is located at the southwest corner of 51St Avenue and Ocotillo Road at 5103 West Ocotillo Road. Staff Contact: Thomas Sedlmeier (Ocotillo District). Mr. Sedlmeier presented the application, reviewing the site and request. He concluded his presentation by stating that staff felt the request appeared to meet findings 1, 2 and 4. Whether or not finding 3 is met was debatable. Boardmember Piceno stated that while finding 3 was debatable, the applicant has shown some flexibility since last appearing before the board. He said he hoped his colleagues agreed that all four findings were met. Boardmember Drew said that two of the absent boardmembers had concerns about the 10-foot buffer. He said he foresaw customers parking against the concrete wall. Vice Chairperson Neyer asked how this variance request differs from the December request to which Mr. Sedlmeier said that this is a new application and the site plan has been revised to include the landscape buffer. February 10, 2000 BOARD OF ADJUSTMENT MINUTES Page 4 Vice Chairperson Neyer called the applicant to speak. Ming Chen, with Chen Architects International, said he was happy to be there to answer any questions. In response to questions from Boardmember Drew, Mr. Chen said the area by the entrance on 51st Avenue was a proposed parking area which would be paved. In response to an additional question from Boardmember Drew, Mr. Sedlmeier said that all repairs would be done inside the garage as per Ordinance requirements. Vice Chairperson Neyer closed the public hearing on ZV-99-31. Boardmember Piceno made a MOTION to APPROVE ZV-99-31. Boardmember Gitelson SECONDED the MOTION. Boardmember Drew said he was not sure if finding 3 was met, but he could accept it as presented. Boardmembers Piceno, Gitelson and Neyer said they would support the request. Vice Chairperson Neyer called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. 4. ZV-00-01: A request by US Home to approve a rear wall ranging from 7 feet to 6 feet 4 inches whereas a 6 foot rear wall is the maximum height in the R1-8 PRD (Single Residence, Planned Residential Development) zoning district. The wall is approximately 315 linear feet and is at properties located at 5435, 5429, 5423, and 5417 West Karen Drive. Staff Contact: Dan Fairbanks (Cholla District). Mr. Fairbanks presented the application, reviewing the site and request. He concluded his presentation by stating that staff felt the request appeared to meet all four findings. He said if the Board approves the request, the approval should be subject to the recommended stipulations. Boardmember Drew asked why the stormwater drainage system goes in opposite directions. Mr. Fairbanks said that the site was originally reserved for an elementary school with large play fields that accommodate retention. Under state law, the Deer Valley School District had one year to purchase the property but was unable to do so. The developer then had the opportunity to pursue the subdivision. Mr. Fairbanks stated that the development pattern was designed to locate all project open space within centrally located areas rather than to follow the existing drainage pattern to the perimeter of the project. The centralized open space would help restrict the use of the project amenities to subdivision residents and would reduce the potential liability from outside users. February 10, 2000 BOARD OF ADJUSTMENT MINUTES Page 5 In response to additional questions from Boardmember Drew, Mr. Fairbanks said that Tract C is a retention area for Touchstone 2. He also said the existing wall is to be removed by U.S. Home but the footing will remain intact to avoid causing property damage to existing homes, some of which have swimming pools. Vice Chairperson Neyer called the applicant to speak. Brian Rosenbaum, 1150 W. Grove Parkway, with US Home, agreed to the stipulations. He said all parties have come to a mutually acceptable agreement. In response to questions from Boardmember Drew, Mr. Rosenbaum, said the wall will decrease from 8 feet to 6 feet in steps at the property line. He also said the property owners at lot 243 and 244 have no problem with the proposal. He further stated that one of the main issues was pool safety as a 5-foot barrier is required. Boardmember Drew asked why the natural flow of water was changed. Mr. Rosenbaum replied that US Home purchased the project with final plans already engineered and stamped by the City. He said he believed that the project engineer and the city plan reviewer were mutually responsible for the drainage pattern. In response to another question from Boardmember Drew, Mr. Rosenbaum said that lots 14-17 would be single story homes. He said they also created a negative easement on the property that would permit only single-story homes and would prevent future 2-story buildings on the property. The public was then give the opportunity to speak. Cindy Hughes, 5434 West Angela Drive, said the 8-foot fence is not ideal but she felt it was the only way to resolve the problem without adversely affecting the value of their properties or impacting their privacy. Vice Chairperson Neyer closed the public hearing on ZV-00-01. Boardmember Gitelson made a MOTION to APPROVE ZV-00-01. Boardmember Piceno SECONDED the MOTION. Boardmember Gitelson said it sounds as if the proposed compromise will work. Boardmember Piceno said this is probably the best resolution. He agreed that the four findings have been met. Boardmember Drew agreed with the other Boardmembers and said he was happy to see that the homeowners were able to reach a compromise. He said he would approve the request. February 10, 2000 BOARD OF ADJUSTMENT MINUTES Page 6 Vice Chairperson Neyer called for a Roll Call Vote, and the MOTION PASSED UNANIMOUSLY. Vice Chairperson Neyer asked if there were any Other Business. There was none. Vice Chairperson Neyer asked if there were any Planning Staff Reports for the March 9, 2000 meeting. Mr. Jacobs said there would be only one case for the March hearing which would be held in conference room B-2. He also stated that Boardmember Sutton will now be serving on a different Board and his replacement would be in attendance at the March meeting. Vice Chairperson Neyer said she would not be in attendance at the March meeting. Since there was no further business, Vice Chairperson Neyer 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 8:05 p.m. Katie 1 ougla ; Recor''. g Secretary