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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 5/11/2000 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, MAY 11, 2000 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: Gordon Cheniae Richard Gitelson Daniel,Drew Ron Piceno Robert Koehler Gayle Laureta The position on the Board previously held by Kathy Neyer had been vacated. CITY STAFF: Ray Jacobs, Zoning Administrator Rick Flaaen,Deputy City Attorney Susan Hacker, Planner Nan Robinson, 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 March 9, 2000, regular meeting. Boardmember Drew made a MOTION to approve the minutes. Boardmember Piceno 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. May 11, 2000 BOARD OF ADJUSTMENT MINUTES Page 2 There were none. Chairperson Cheniae called for the public hearing items. 1. ZV-99-27 A variance request by Tim Henrickson for TDH Investments to allow side setbacks of 43 feet where 50 feet is the minimum required and lot coverage of 20% where 10% is the maximum allowed in the A-1 (Agricultural) zoning district. The property is located at 5826 West Mercer Lane. Susan Hacker presented the application and reviewed the site and the request. She asked if the Board had any questions. Boardmember Gitelson asked if commercial development was permitted in the A-1 (Agricultural) zoning district. Ms. Hacker deferred the question to Ray Jacobs. Mr. Jacobs responded that there are use permits that could be used related to commercial operations for livestock, but otherwise no commercial development is permitted in the A-1 zoning district. Boardmember Laureta noted that in the report it stated that this request would not be out of character with the rest of the surrounding neighborhood. She asked if that was because the rest of the neighborhood pre-dates the 1993 Ordinance, which is more restrictive. Ms. Hacker responded that it was not necessarily that it was more restrictive, it was just that the parcels range from approximately 1 to 2 acres and that is more characteristic of the RR-45 standards the way they are today. Boardmember Drew referred to the garage setback on the left side. He asked where the 20' 8" began and ended. Ms. Hacker identified the area and the setback. Boardmember Drew asked for clarification on how far off the fence line the concrete driveway was. Ms. Hacker said approximately 8 feet. Chairperson Cheniae asked for the applicant to come forward. The applicant was not present. Boardmember Koehler made a MOTION to APPROVE application ZV-99-27. May 11, 2000 BOARD OF ADJUSTMENT MINUTES Page 3 Boardmember Piceno SECONDED the MOTION for purposes of discussion. Boardmember Laureta said that based on the surrounding neighborhood and the four guidelines, she felt the restrictions were not self-imposed, and she approved the application. Boardmember Drew said he had no more worry about this application than the applicant. Boardmember Piceno said he had a question on one issue. He said this was an owner/developer on this property, and he did not believe the applicant would actually live on this property. He said he will build the house and sell it. He felt the effect of the Board's action may enhance the property and the sales price. However, he said he had a concern that any questions he may have had for the applicant could not be answered because the applicant did not attend the meeting. He said he would vote nay and support a motion to table this item until the applicant could appear. Boardmember Koehler said he agreed with Boardmembers Drew and Piceno. He said he had no problem with this application but since the applicant did not attend he would support a motion to continue. Boardmember Gitelson said he felt this was not an unusual request, but had some questions for the applicant. He said he would vote for a continuance. Chairperson Cheniae asked for guidance from Mr. Flaaen to amend the motion. Mr. Flaaen advised the Board that there was an open Motion on the table and they must first vote on that Motion, or withdraw it. Boardmember Koehler WITHDREW the MOTION to APPROVE application ZV-99-27. Boardmember Piceno WITHDREW his SECOND of that MOTION. Boardmember Piceno MADE a MOTION to CONTINUE application ZV-99-27 to the next regular meeting. Boardmember Gitelson SECONDED the MOTION. Chairperson Cheniae called for a roll call vote. Boardmembers Gitelson, Koehler, Piceno, and Cheniae voted AYE. Boardmembers Drew and Laureta voted NAY. Chairperson Cheniae called for Other Business. There was none. Chairperson Cheniae called for the Planning Staff Report. May 11, 2000 BOARD OF ADJUSTMENT MINUTES Page 4 Mr. Jacobs reviewed the upcoming Arizona Department of Commerce 2000 Annual Boards and Commissions Seminar on Friday, June 16th. He advised the Board to let him know as soon as possible if they wanted to attend. Boardmember Koehler commented that he will not be here at that time as he and his wife will be out of town celebrating their 50th wedding anniversary. Mr. Jacobs informed the Board that Kathy Neyer was no longer on the Board of Adjustment as she had been appointed to another Commission. Mr. Jacobs added that effective July 1 Ron Piceno would be Chairperson, and Gordon Cheniae would be Vice Chair. Chairperson Cheniae stated that he would not be able to attend the Board and Commission dinner. He added that he will not be able to attend the June BOA meeting as he will be in New Mexico. Boardmember Gitelson added that he will not be here in June or July. Boardmember Laureta added that she will not be here in June. Mr. Jacobs said it appeared there may not be a quorum for the June meeting, so that may have to be cancelled. Chairperson Cheniae said the next meeting would then be July 13th. Mr. Jacobs said he will advise the Board whether there will be a June BOA meeting. Boardmember Koehler said he will be out of town in July also. As there was no further business, the meeting was adjourned at 7:30 p.m. naa2 .66,01,6.0 Nan Robinson, Recording Secretary