Loading...
HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/12/2000 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, OCTOBER 12, 2000 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson, Ron Piceno, with the following members and representatives present: BOARDMEMBERS PRESENT: Gordon Cheniae, Vice Chairperson Daniel Drew Robert Koehler Ron Piceno, Chairperson Ann Ransom BOARDMEMBERS ABSENT: Richard Gitelson Gayle Laureta CITY STAFF: Ray Jacobs, Zoning Administrator Rick Flaaen, Deputy City Attorney Susan Hacker, Planner Teresa Halverson, Associate Planner Charles Beck, Associate Planner Linda Graham, Recording Secretary Chairperson Piceno stressed the fact that a variance request needs four votes for approval asking if anyone wanted to request a continuance. The first order of business was approval of the minutes of the September 14, 2000 meeting. Minor modifications were noted and the minutes were approved. Chairperson Piceno called for business from the floor. There was none. Chairperson Piceno asked staff if there were any requests for withdrawals or continuances. The applicant in Case Number ZV-00-04 requested a continuance until such time as all Board members could be present. October 12,2000 Board of Adjustment Page 2 Chairperson Piceno stated that the Board is required to hold a public hearing before making a decision on a variance or appeal request. He explained that the purpose of the public hearing is to provide interested parties an opportunity to present testimony for the Board's consideration. He then explained the Board's hearing process. Chairperson Piceno called for the first public hearing item on the agenda. APPLICATION NO.: ZV-99-26 REQUEST: A request by Paul Tellez for a variance to reduce the width of required side landscape buffer from 15 feet to 10 feet in the R-4 (Multiple residence) zoning district. The site is a 1.22 acre parcel located approximately 300 feet west of the northwest corner of 49th Avenue and Northern Avenue (4930 West Northern Avenue). Staff contact: Susan Hacker(Cactus District). Ms. Hacker presented the application, reviewing the site and request. She said the variance appears to meet all of the required findings. In response to Boardmember Ransom's question, Ms. Hacker explained where the driveway goes. Mr. Paul Tellez, 3142 West Echo Lane, Phoenix, explained they are requesting the variance because the narrowness of the site makes it difficult to provide adequate space for a driveway and landscape buffer. He said he does not understand the concerns outlined in a letter he received from Michael J. Murray, stating he has been in the present location for eight years and will continue to be a good neighbor. He noted they have actually reduced the size of the Sanctuary from 40 feet to 35 feet. Boardmember Ransom asked Mr. Tellez what the open space on the north side of the property would be used for. Mr. Tellez said they are thinking it will not be developed. He noted there is an existing irrigation easement and 15-foot buffer on the north side. He said the only reduction to the landscape width would be on the east and west sides of the parcel. No other comments were made. Chairperson Piceno opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing portion of the case. Vice-Chairman Cheniae made a MOTION to APPROVE ZV-99-26. Boardmember Drew SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. October 12,2000 Board of Adjustment Page 3 Boardmember Koehler agreed the lot is difficult to develop and believes the Applicant has accommodated the size and shape of the lot as best they could. He stated that he agrees with staff's conclusion that the request meets all four findings. Vice-Chairman Cheniae agreed with Boardmember Koehler that the Applicant has done the best they can and requested the minimum variance needed to produce a workable product. He said he would support the request. Boardmember Drew also agreed that the Applicant is only asking for what they need. Boardmember Ransom agreed. Chairman Piceno stated he concurs with staff's conclusion that the application has met all of the required findings. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. APPLICATION NO.: ZV-00-04 REQUEST: A request by Wendy Hultsman for Billie Rosen for a variance to reduce the required side and rear setbacks for accessory structures from six feet to one foot in the A-1 (Agricultural) zoning district. The site is a one acre parcel located at the southwest corner of 53rd Avenue and Monte Cristo Avenue (5301 West Monte Cristo Avenue). Staff Contact: Susan Hacker (Sahuaro District). Boardmember Koehler made a MOTION to CONTINUE ZV-00-04 until the November 9, 2000 meeting. Vice Chair Cheniae SECONDED the MOTION under the condition that a second continuation not be considered at the November meeting. Chairperson Piceno opened the floor to discussion. Boardmember Drew said he would not support the motion because a Board can consist of five to seven members. He said the city chose to put seven members on the Board so if someone is absent the Board can still function. He said the assumption that an Applicant would not receive a true and fair hearing from five members is an injustice to the people who sit on the Board. Boardmember Ransom agreed with Boardmember Drew. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 3 to 2 (Boardmembers Ransom and Drew voted nay). Chairperson Piceno asked the Board if they wanted to consider bifurcating the case. October 12,2000 Board of Adjustment Page 4 Mr. Drew said he does not believe any testimony should be taken on the case if it is being continued. Chairperson Piceno agreed and apologized to the people present who were planning to give testimony on the application. APPLICATION NO.: ZV-00-17 REQUEST: A request by Curtis Lyon for a variance to reduce the required side and rear setbacks from 60 feet to 0 feet in the M-1 (Light Industrial) zoning district. The site is a 4.9- acre parcel located at 10149 West Northern Avenue. Staff Contact: Teresa Halverson (Yucca District). Ms. Halverson presented the application, reviewing the site and request. She stated the request appears to meet findings 1, 2 and 4, however, whether or not Finding#3 is met is debatable. Boardmember Drew asked if there is any difference between this application and the one that was before the Board two months ago. Ms. Halverson said the application has not changed, however, an alteration has been made in the notification. She explained that the map sent to property owners in the previous application said 15-feet to zero-feet and has been corrected to reflect 50 feet to zero-feet. Boardmember Koehler asked about a letter initiated by the adjacent property owner. Ms. Halverson agreed that a letter in support from the adjacent property owner has been added since the previous application. Mr. Curtis Lyon, 21931 Grand Avenue, Sun City West, pointed out that his next door neighbor is actually a 17 acre gravel pit, not a residence. He said it was determined in previous discussions that he was dealing with a 15-foot setback because the adjacent property is in a GP designated General Planned area and used as a business. He referred to a letter from the City approving his final citizen participation report. He noted that another applicant with the same request was unanimously approved at the last Board meeting. He said he also included four identical zonings in his report. Chairperson Piceno said, although the Applicant views his attorney's presentation last month to be the same as his engineer's earlier presentation, there were clear differences in the presentations and their persuasiveness. Boardmember Drew said he does not understand why the Applicant has to run the fence at the property's borderline, giving the city absolutely no landscaping. He suggested that, in the future, the gravel pit would cease to exist and other businesses would come in. He asked Mr. Lyon what he is offering in return for the variances he is requesting. Mr. Lyon said he did not ask for an FAR adjustment. He said he intends to detail the wall and do minor landscaping. He questioned what the city would gain by denying his request, noting that he is offering residents a much needed service. October 12,2000 Board of Adjustment Page 5 Chairperson Piceno opened the meeting up for public comment on this case. Ms. Barbara Garland, 5012 North 64th Drive, Glendale, said she opposed the variance request at the last hearing suggesting that the variance would stay with the property forever. She said the property is not unusual in shape or location and granting the variance would, in effect, treat the property owner different from other property owners in the area. She suggested that Mr. Lyon's hardship is of his own making. Chairperson Piceno closed the public hearing portion of the case. The Applicant disagreed that he is trying to get anything different from other applications that have come before the Board. He said the adjacent property owner has given his permission and taken the wall into consideration in his future development plans. Mr. Jacobs explained the property was zoned M-1 in 1996, but because of existing A-1 zoning around it, the variance requires a setback based on residential uses. He said the proposal requests a nine-foot building along the perimeter which is one foot higher is different than the required eight-foot screen wall. He agreed that the eight foot wall height could potentially be exceeded, however, it would have to be approved as part of the design review process. He recommended that any action reflect a nine-foot maximum height on the perimeter. Boardmember Koehler made a MOTION to APPROVE ZV-00-17 with stipulations that the perimeter wall not exceed nine-feet in height and that the organization of the interior be consistent with the design shown on the May 24, 2000 site plan. Boardmember Drew SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. Boardmember Ransom said she approved the request last time and would do so again. Boardmember Drew said he can accept narrowing the setback, but cannot accept a zero-foot setback. He expressed his opinion that the request does not meet Finding 3. Vice-Chairman Cheniae agreed with staff that Findings 1, 2 and 4 are met. He also agreed with the Applicant that similar cases have been approved. He said he believes Finding 3 has been met and he would support the variance. Boardmember Koehler agreed that Findings 1, 2 and 4 have been met. He said Finding 3 is marginal, but consistent with a similar vote they took last month. He noted that the Police have expressed concern over walls being separated by 10, 15 or 20 feet of open space as it can create places for people to hide. Chairperson Piceno agreed with Mr. Koehler about the security issue. He also agreed the Board has approved zero setbacks in the past. October 12,2000 Board of Adjustment Page 6 Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 1 (Boardmember Drew voted nay). APPLICATION NO.: ZV-00-30 REQUEST: A variance request by Habitat for Humanity Valley of the Sun to allow five (5) foot and ten (10) foot side setbacks where twenty (20) feet is the minimum required in the R-3 (Multiple Residence) zoning district. The property is located at 6609 North 53rd Drive. Staff contact: Charles Beck (Ocotillo District). Chris Wolf of Habitat for Humanity, 843 E. Edgemont, said this case is one in a series of cases brought forward as part of their commitment to the redevelopment of neighborhoods between 51st and 57`h Avenues south of Glendale Avenue. He said this property is unique in that it has no rear alley access which has been used as a way to work within the setbacks to build a carport, creating a streetfront that has a neighborhood feel and keeping cars out of sight. He said he is discussing with staff whether there is a way to modify their request for variance to accommodate a side carport with access from the front. He said, however, the variance he requested is not sufficient to accommodate that use and, therefore, is requesting a continuance to continue working with staff. Vice-Chairman Cheniae made a MOTION to CONTINUE ZV-00-30 until such time as the Applicant can work with staff. Mr. Jacobs asked if the Applicant is requesting a continuance until the November or December meeting, Mr. Beck said the time period would depend on the proposed variance and how it varies from their current proposal. Mr. Wolf offered to meet with staff next week to review the setbacks that would be used on the property. Mr. Beck said he would need to meet with Mr. Wolf tomorrow if they want to be ready by the November meeting. Mr. Wolf explained that they have families who are waiting for a home and he would like to accommodate them as quickly as possible. Mr. Flaaen explained that if the case is continued, it will have to be posted for whatever meeting it is continued to. He said if it is continued over to a date certain, such as November 9, and is the same variance request, then no additional notice would need to be posted. Vice-Chairman Cheniae made a MOTION to CONTINUE ZV-00-30 to the November 9, 2000 meeting. Boardmember Drew SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. No additional comments were made. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. October 12,2000 Board of Adjustment Page 7 Mr. Wolf noted they will break ground on their next house this Saturday and invited interested Board members to join them. He said there is an open meeting on October 19 and city members are invited to come and view the process. Chairperson Piceno called for miscellaneous business. There was none. Chairperson Piceno called for the staff report. There was none. Boardmember Koehler recommended everyone visit the restored buildings at Sahuaro Park. Mr. Drew asked about the letter he received in regards to Mr. Lyons request, stating he has never before received a similar letter. Mr. Jacobs explained that the letter is proper procedure when asking to have a case reconsidered. Mr. Felix Sainz, 6606 N. 53`d Drive, asked to speak in regards to the Habitat for Humanity case. Chairperson Piceno explained that the case was continued and testimony would be heard when the Applicant again appears before the Board. Mr. Flaaen explained the variance request has been continued until the next hearing and the public would be given an opportunity to address the Board at that time. He assured Mr. Sainz the Applicant would not begin building at that location until they have appeared before the Board. He noted that, while the property is zoned for multi-family, the Applicant's request is not related to building a multi-family residence. Mr. Sainz suggested the Planning Department did not adequately inform the community of the case, noting that a lot of residents in the area do not speak or read English. Mr. Beck assured the Board there was an appropriate level of notice. Chairperson Piceno told Mr. Sainz he would have the opportunity to address the Board and staff, but testimony would not be taken at tonight's meeting. As there was no further business, the meeting was adjourned at 8:30 p.m. ci.evtiscefiLcze.414.,_ Linda Graham, Recording Secretary