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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 5/10/2001 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,MAY 10, 2001 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: Hector Castro Gayle Laureta Robert Koehler Ron Piceno, Chairperson Douglas Ward BOARDMEMBERS ABSENT: Daniel Drew Ann Ransom CITY STAFF: Ray Jacobs, Zoning Administrator Teresa Halverson, Planner Tabitha Perry, Associate Planner John Fukasawa, Associate Planner Linda Graham, Recording Secretary Chairperson Piceno explained the Board's policies and hearing procedures. Boardmember Ward made a MOTION to APPROVE the minutes from the April 12, 2001 meeting as written. Boardmember Koehler SECONDED the MOTION. The motion PASSED by a vote of 5-0. Chairperson Piceno called for Business From the Floor. There was none. Chairperson Piceno asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Piceno stated the Board is required to hold a public hearing before making a decision on a variance or appeal request. He explained the purpose of the public hearing is to provide interested parties an opportunity to present testimony for the Board's consideration. • May 10, 2001 Board of Adjustment Page 2 Chairperson Piceno called for the first public hearing item on the agenda. APPLICATION NO.: ZV-01-05 REQUEST: A request by Mr. Michael Kist to approve: 1) A 15 foot building setback on the north and south property lines where 60 feet is required; 2) Zero landscape buffer on the north and south property lines where 15 feet is required. The site is a .95 acre parcel located at 7654 and 7660 North 63rd Avenue. Staff contact: Teresa Halverson (Ocotillo District). Ms. Halverson presented the application, reviewing the site and request. She stated the landscape buffer request meets findings 1, 2, and 4, with 3 being debatable. One variance would allow a 15-foot building setback on the north and south property line. This request met all of the findings. The other variance request would allow a 0-foot landscape buffer on both the north and south property lines. Boardmember Koehler asked if the wall would be on the property line. The applicant, Mr. Michael Kist, 7654 and 7660 North 63rd Avenue, Glendale, answered the questions by saying the wall would be on the property line to give the business owner as much space as possible in the yard and that most of the landscaping would be visible only to the workers at the shop. He said that if they had to follow the current requirements, 36% of the lot would have to be used for landscape and that was not practical. Chairperson Piceno asked why the City requires the business to have a retention basin. Mr. Ray Jacobs said all commercial property has to retain their storm water on site regardless if a retention basin is close by. Boardmember Ward asked if there was room on 63rd Avenue in front of the business to do future landscape improvements. Mr. Kist said there was room to do that. 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. Boardmember Koehler made a MOTION to APPROVE ZV-01-05 as recommended by staff. Boardmember Laureta SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. The Board members agreed the request meets the required findings and concurred that this would be an improvement and a good use of the property. May 10, 2001 Board of Adjustment Page 3 Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Chairperson Piceno stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days. APPLICATION NO.: ZV-01-10: REQUEST: A request by Copper Canyon Custom Builders for a variance to allow a 6' 8" setback along the south property line and a 14' 6" setback along the north property line where twenty (20) feet is the minimum required in the R-3 (Multiple Residence) zoning district. The property is located at the northeast corner of 61st Avenue and Lamar Road (6805 North 61st Avenue). Staff contact: Tabitha Perry (Ocotillo District). Ms. Perry presented the application, reviewing the site and request. She stated the request meets all of the required findings for a variance. Boardmember Ward asked staff why they believed it satisfied finding 3. Ms. Perry said that because the houses are too close, the request was the minimum necessary to alleviate property hardship. The proposed location of the new house would improve the privacy to both the applicant and adjacent owners and alleviate the hardship of no privacy. The applicant's representative, Jan Melgaard, 655 North Gilbert Road in Mesa, said her clients had a house fire and that they were asking for the variance to alleviate some of the problems that would be created by placing the house in the same place. Boardmember Koehler asked if the house was destroyed by fire, how did it not affect the neighbors being they are so close. Ms. Melgaard said the fire started on one end of the house and was contained to that house. Boardmember Koehler asked if the intent was to move the new house to the center of the lot. Ms. Melgaard said yes, this would solve the problem of privacy since by placing the house this way, the windows would not be directly across from each other. Chairperson Piceno said he would like to commend the applicant for improving the house and the neighborhood. 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. Boardmember Laureta made a MOTION to APPROVE ZV-01-10 as recommended by staff. Boardmember Castro SECONDED the MOTION. May 10, 2001 Board of Adjustment Page 4 Chairperson Piceno opened the floor to discussion. The Board members agreed the request meets the required findings. They concurred that it was an unusual lot and this was a good use and a good contribution to the neighborhood and was a good infill project. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5-0. APPLICATION NO.: ZV-00-31: REQUEST: A request by Habitat for Humanity Valley of the Sun for a variance to allow a 3 foot side setback along the north property line and a 5 foot side setback along the south property line where 20 feet is required in the R-3 (Multiple Residence) zoning district. The address is 6501 North 53rd Avenue. Staff contact: John Fukasawa (Ocotillo District). Mr. Fukasawa presented the application, reviewing the site and request. He stated the request appears to meet all of the findings and stated if the Board decides to grant this variance, it should be subject to the following stipulations: 1. Development shall be in substantial conformance with the submitted site plan dated February 23, 2001. The three foot sideyard shall be limited to the area of the proposed carport. 2. The edge of the fascia of the carport shall not be less than three feet from the north property line. Chairperson Piceno asked if there would be a problem as far as line of sight since this was on a tight corner. Mr. Fukasawa stated that this was not a problem as the City Design Guidelines require a visibility triangle on corner intersection lots and that he had spoken with a City Traffic Engineer who did not raise any concerns. Boardmember Ward said he drove on Maryland Avenue and did not see any other houses so close to the street as this one would be. Mr. Fukasawa said it appears that this was the only one that was five feet from the property line. Mr. Jacobs agreed this house would be closer to the property line than many houses, however 53rd Avenue was not a through street. The applicant, Mr. Chris Wolfe, 843 West Edgemont, Phoenix, stated this was the only feasible way to place this house on the property. He said he felt having the driveway off of Maryland Avenue was not possible for the safety of the family. ' May 10, 2001 Board of Adjustment Page 5 Chairperson Piceno agreed. Boardmember Ward asked if the house could be moved further east. Mr. Wolfe said no because the city encourages the porch to be up close to the street in those kinds of neighborhoods. He said streetscape didn't see a problem with the placement of the house. Boardmember Koehler asked if the five feet was beyond the right of way. He stated he also thought traffic would create a problem. Boardmember Castro asked if the reason for placing the building so close to Maryland was due to neighborhood design and if the city encouraged porches close to the street. Mr. Wolfe said that was the only way to place the house on that lot. He said there were seven homes in the neighborhood with the same design. Boardmember Castro made a MOTION to APPROVE ZV-00-31 subject to the two following conditions. 1) Development shall be in substantial conformance with the submitted site plan dated February 23, 2001. The three-foot side yard shall be limited to the area of the proposed carport. 2) The edge of the fascia of the carport shall not be less than three feet from the north property line. Boardmember Koehler SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. Boardmember Ward said he thought there would be a serious problem with traffic and was concerned the City would support this variance with Maryland Avenue being such a busy street. Boardmember Castro said he concurred with Boardmember Ward and that traffic would be a problem. Boardmember Koehler said that if the right of way was included and had 10-12 feet space between the house and street, he would support. Boardmember Laureta said she has the same traffic problem with a corner in her neighborhood and it works with no hazards. Boardmember Ward asked if the block wall could be restricted to the back of the house. Mr. Wolfe stated that on a corner lot, the block wall is allowed up to the line of site and that the wall as planned was according to City code. He said the quality of life and scope of the neighborhood would not be affected and the wall would not affect the lot vision. He said his goal was to provide a house product that would fit the neighborhood. ' May 10, 2001 Board of Adjustment Page 6 Chairperson Piceno called for a Roll Call Vote. The MOTION FAILED by a vote of 3 to 2. Chairperson Piceno stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days. APPLICATION NO.: ZV-01-06: REQUEST: A request by Habitat for Humanity Valley of the Sun for a variance to allow a 5 foot side setback along the north property line and a 10 foot side setback along the south property line where 20 feet is required in the R-3 (Multiple Residence) zoning district. The address is 6617 North 55th Avenue. Staff contact: John Fukasawa (Ocotillo District). APPLICATION NO.: ZV-01-07: REQUEST: A request by Habitat for Humanity Valley of the Sun for a variance to allow a 5 foot side setback along the south property line and a 10 foot side setback along the north property line where 20 feet is required in the R-3 (Multiple Residence) zoning district. The address is 6637 North 55th Avenue. Staff contact: John Fukasawa (Ocotillo District). APPLICATION NO.: ZV-01-09 REQUEST: A request by Habitat for Humanity Valley of the Sun for a variance to allow a 5 foot side setback along the north property line and a 10 foot side setback along the south property line where 20 feet is required in the R-3 (Multiple Residence) zoning district. The address is 6738 North 53rd Drive. Staff contact: John Fukasawa (Ocotillo District). Chairperson Piceno asked that the three similar cases by Habitat for Humanity Valley of the Sun be presented together as one but to be voted on individually. Mr. Fukasawa presented the applications, reviewing the sites and requests. He stated the three requests ZV-01-06, ZV-01-07, and ZV-01-09 all meet the four findings. Mr. Chris Wolfe, the applicant, said these would be using alley access which would allow them to choose from 2 floor plans similar to seven other homes in the same neighborhood. 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. Chairperson Piceno asked that a motion and vote be done for each application individually. May 10, 2001 Board of Adjustment Page 7 Boardmember Koehler MADE A MOTION to APPROVE ZV-01-06 as recommended by staff. Boardmember Ward SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. There was none. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Chairperson Piceno stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days of this action. Boardmember Koehler MADE A MOTION to APPROVE ZV-01-06 as recommended by staff. Boardmember Ward SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. There was none. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Chairperson Piceno stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days of this action. Boardmember Laureta MADE A MOTION to APPROVE ZV-01-07 as recommended by staff. Boardmember Ward SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. There was none. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Chairperson Piceno stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days of this action. Boardmember Ward MADE A MOTION to APPROVE ZV-01-09 as recommended by staff. Boardmember Castro SECONDED the MOTION. Chairperson Piceno opened the floor to discussion. There was none. Chairperson Piceno called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Chairperson Piceno stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days of this action. Mr. Wolfe stated that he was aware the request for ZV-00-31 had been denied but he would like to know what direction he could take to resubmit this request with added facts and material. Mr. Jacobs said the applicant could ask for reconsideration and that the item be put on a future agenda. ~ , May 610, 2001 Board of Adjustment Page 8 Chairperson Piceno call for Other Business. There was none. Chairperson Piceno stated his term as Chair would end in June and he didn't wish to extend his term as Chair. Boardmember Laureta stated her term would end in June. Chairperson Piceno called for the Planning Staff Report. There was none. Chairperson Piceno called for Board Comments and Suggestions. There were none. As there was no further business, the meeting was adjourned at 8:15 p.m. c—D4:44.) Linda Graham, Recording Secretary