Loading...
HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 7/12/2001 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JULY 12, 2001 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson, Daniel Drew, with the following members and representatives present: BOARDMEMBERS PRESENT: Hector Castro Daniel Drew, Chairperson Ron Piceno Ann Ransom Richard Schwartz Carl Dietzman BOARDMEMBERS ABSENT: Douglas Ward, Vice Chairperson CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, Acting Deputy City Attorney John Fukasawa, Associate Planner Tabitha Perry, Associate Planner Sally Millward, Recording Secretary Chairperson Drew explained the Board's policies and hearing procedures. Chairperson Drew called for approval of the June 14, 2001 minutes. Boardmember Piceno asked that Mr. Flenner's title be corrected in the third paragraph on Page 3. Boardmember Ransom asked that the reference to Missouri Avenue on Page 2 be changed to Maryland Avenue. Boardmember Piceno made a MOTION to APPROVE the minutes from the June 14,2001 meeting as corrected. Boardmember Ransom SECONDED the MOTION. The motion PASSED by a vote of 6-0. July 12,2001 Board of Adjustment Page 2 Chairperson Drew called for Business from the Floor. There was none. Chairperson Drew asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Drew 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. Chairperson Drew called for the first public hearing item on the agenda. 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 meets all four findings. Boardmember Piceno noted the sketch of the site was not drawn to scale. He said the 103 foot siteline for traffic on 53rd Avenue heading south and Maryland Avenue heading west is an improvement. Mr. Fukasawa confirmed for Boardmember Ransom that the citizen participation report was attached to the May 10 staff report. Mr. Chris Wolfe, CEO, Habitat for Humanity, 843 East Edgemont Avenue, Phoenix, provided a brief history of the neighborhood, explaining the in-fill lots need variances to allow for decent and livable structures. He said they hope to continue their participation in bringing the neighborhood up to a higher standard. Boardmember Ransom asked if a chain-link fence could be used. Mr. Wolfe said a chain-link fence could be used, however, they prefer a block wall for its ability to provide better sound protection, privacy, and security. Boardmember Piceno asked how the current plan differs from the previous one. Mr. Wolfe explained the earlier plan did not include specific dimensions. He said, after reviewing the site requirements and taking measurements, they can comply and site the house as planned. Chairperson Drew asked Mr. Wolfe if Stipulation 3 is acceptable. Mr. Wolfe said it is and that the plan would meet the design guidelines laid out by the Transportation Department as part of July 12,2001 Board of Adjustment Page 3 Design Review. He confirmed for Boardmember Ransom that they agree with the other two stipulations as well. Chairperson Drew 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 Piceno made a MOTION to APPROVE ZV-00-31 with the following stipulations: 1) development shall be in substantial conformity with the submitted site plan dated May 22, 2001; 2) the edge of the carport shall not be less than three feet from the north property line; and 3) the location of the house and the perimeter block wall shall be subject to review of the Transportation Department. Boardmember Ransom SECONDED the MOTION. Chairperson Drew opened the floor to discussion. The Board members indicated their support for Habitat for Humanity homes. Chairperson Drew called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. Chairperson Drew 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 the date of this action. APPLICATION NO.: ZV-01-01 REQUEST: A request by Ilie Hrenuic for a variance in the A-1 (Agricultural) zoning district to allow a front setback of 45 feet where 75 feet is the minimum required, a side setback of 40 feet where 50 feet is the minimum required and a lot coverage of 15% where 10% is the maximum allowed. The property address is 6401 Surrey Avenue. Staff contact: Tabitha Perry (Sahuaro District). Ms. Perry presented the application,reviewing the site and request. Mr. Mike Baker, 3620 West Charleston, Glendale, representing the applicant, further explained pictures shown during staff's presentation, stating the expansion is intended to provide more room for the property owner's family. He said the adult care center would not be expanded and the construction would not negatively impact the neighborhood's character. He noted another two-story home already exists nearby in the neighborhood. Chairperson Drew asked for a graphic depiction of the proposed addition. Mr. Baker said pictures were originally submitted, however, he was told to remove them from the submittal package. He stated the overall height of the building would be approximately 20 feet. Chairperson Drew opened the meeting up for public comment on this case. July 12,2001 Board of Adjustment Page 4 Mr. Martin Shapiro, 6340 West Surrey Avenue, Glendale, stated his property is immediately to the north of the subject site. He voiced his opinion of the applicant, stating he is an outstanding neighbor and an asset to the neighborhood. He said he has no problem with the applicant's request because the front and side setbacks would be maintained, however, he does have concerns. He expressed his opinion that having large commercial trucks parked on the carport would be an eye sore. He stated he does not have a problem with the trucks being parked on the property, but suggested they be parked behind the structure. He said he is also concerned about the septic system due to the number of people living in the home. He questioned the need for an external garage, stating the applicant already has an 800 square foot back building. He noted a neighbor located immediately to the east of the applicant was not given approval for a three-car garage and mother-in-law home. He acknowledged the applicant's need for additional living space, stating, however, he does not want a second story added. He said he previously submitted a letter to city staff outlining his concerns. Boardmember Castro asked how many two-story homes exist in the neighborhood. Mr. Shapiro stated there are two two-story homes in the Thunderbird Acres II subdivision, one of which is his. Mr. Kevin Marshall, 6328 West Surrey, Glendale, expressed concern that the adult care center would be expanded. He said he would also like to know what the structure would look like. Ms. Jalann Marshall, 6328 West Surrey, Glendale, stated she is concerned that the second story would ruin their view and asked exactly where it would be located. Mr. Baker explained the second story would be located over the existing garage. Ms. Marshall stated she and her husband went through a lot with the City of Glendale when building their home and asked for assurances that the applicant would maintain the current quality of his landscaping. Mr. Baker assured Mr. Marshall that the adult care center would not be expanded, noting a use permit hearing would be required to do so. He also assured Ms. Marshall that the applicant would continue to maintain his property. Boardmember Dietzman asked what the back building would be used for. Mr. Baker stated the plan is to convert it into a garage. Chairperson Drew asked when the applicant purchased the property. Mr. Baker stated it was purchased approximately four or five years ago. Chairperson Drew asked about the location of the proposed stairway. Mr. Baker reviewed the proposed site plan. In response to Boardmember Dietzman's question, Mr. Baker explained that the applicant is looking at doing a split cooling system with a condensing unit mounted in the back and an air handler unit in the attic. Chairperson Drew asked why they chose to add a second story rather than to add on toward the back. Mr. Baker explained that egress issues as well as light and ventilation requirements in the building codes precluded the applicant from adding on to the back of the structure. July 12,2001 Board of Adjustment Page 5 Boardmember Ransom asked if detailed plans were submitted to the city. Mr. Baker stated they were originally submitted, however, the previous planner asked them to remove everything except the site plan. Boardmember Schwartz noted most of the opposition to the request stems from the height of the building. He said the applicant would increase the value of his home if he removed the enclosed patio and replaced it with usable square footage. Mr. Baker noted the applicant keeps livestock in the back yard. Boardmember Castro asked Mr. Shapiro why his second story home was grandfathered in. Mr. Shapiro explained his house already existed at the time the city took the area over from the county. Ms. Perry spoke to the three main concerns. She said, although two-story homes are not encouraged, they are allowed. She pointed out that extending the structure to the back would raise lot coverage issues. In regard to concerns about the group home, she stated a distance of 1,320 feet is required between group homes, noting another group home already exists in the area. She stated, as of now, the applicant would not be able to meet that requirement, therefore an expanded group home would not be allowed. She noted the other group home could close at some point in the future, thereby giving the applicant an opportunity to expand. She pointed out the City of Glendale has no control over group homes with one to five residents. Boardmember Piceno asked why the previous neighbor's variance request mentioned in Mr. Shapiro's letter was denied. Mr. Jacobs said it could have been a request for a use permit for a guest home as opposed to a variance. Ms. Perry noted staff would oversee design aspects, such as colors and the quality of materials, during design review. Boardmember Ransom asked if the design review process would be open to comment from neighbors. Ms. Perry stated it would not be. Boardmember Castro asked why the applicant was asked to remove detailed information from the submittal package. Ms. Perry said the previous planner made that request and assumed he did so because detailed design issues are addressed during the design review process. Chairperson Drew asked when the original garage was enclosed. Mr. Baker stated it was enclosed approximately two years ago. Chairperson Drew closed the public hearing portion of the case. Boardmember Piceno made a MOTION to APPROVE ZV-01-01 as recommended by staff. Boardmember Castro SECONDED the MOTION. Chairperson Drew opened the floor to discussion. July 12,2001 Board of Adjustment Page 6 Boardmember Piceno expressed his opinion the applicant's request is not unreasonable, noting the Board has granted similar requests in the past. Boardmember Ransom pointed out the Board can only consider whether the request meets the four required findings and expressed her opinion that the request does, in fact, meet those findings. Board members Castro, Dietzman and Schwartz voiced their opinion that the request meets the required findings. Chairperson Drew stated he does not believe the request meets finding 4, noting the zoning was in place when the applicant purchased the property. Chairperson Drew called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 1 (Boardmember Drew voted nay). Chairperson Drew 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 the date of this action. APPLICATION NO.: ZV-01-11 REQUEST: A request by Charan Gohlwar for a variance in the A-1 (Agricultural) to allow side setbacks of 37.5 feet where 50 feet is the minimum required. The property is located at 7012 West Alice Avenue. Staff Contact: Tabitha Perry (Ocotillo District). Ms. Perry presented the application, reviewing the site and request. Chairperson Drew noted a mathematical error on fact 1. Mr. Charan Gohlwar, 7137 North 32nd Avenue, Phoenix, stated they do not have a problem with the front or rear setbacks, however they need the side setback variance to build their home. He expressed his opinion his home would add to the beauty of the area. Boardmember Piceno asked the applicant if they considered rotating the house 90 degrees. Mr. Gohlwar stated he wants the house to face Alice Avenue as Olive Avenue is too busy and would make for an unpleasant view. Chairperson Drew 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 Piceno made a MOTION to APPROVE ZV-01-11 as recommended by staff. Boardmember Castro SECONDED the MOTION. Chairperson Drew opened the floor to discussion. July 12,2001 Board of Adjustment Page 7 Boardmember Castro stated he believes the request meets the required findings. Boardmember Ransom asked staff if the applicant would lose half of their front yard when Alice Avenue is developed. Mr. Jacobs stated he is not aware of any plans to widen Alice Avenue at this time. Boardmember Schwartz stated he does not believe the findings were met since he does not see any hardship. Chairperson Drew stated he can accept the request as presented. Boardmember Piceno agreed findings 1, 3 and 4 were met, stating he also feels finding 2 was met. Chairperson Drew called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 1 (Boardmember Schwartz voted nay). Chairperson Drew stated anyone wishing to appeal the Board's decision on this item may do so by contacting the Planning Department within 15 calendar days. Chairperson Drew called for Other Business. There was none. Chairperson Drew called for the Planning Staff Report. Mr. Jacobs welcomed Board members Schwartz and Dietzman and congratulated Chairperson Drew and Vice Chairperson Ward on their appointments. He briefly explained rezoning issues involved in Case ZV-01-01. He offered to hold a training and/or discussion session for new Board members. Chairperson Drew agreed it would be beneficial and asked to have it scheduled for August 9 at 5:00 p.m. Board members Castro and Ransom agreed. Chairperson Drew called for Board Comments and Suggestions. Chairperson Drew welcomed the new members on behalf of the Board. As there was no further business, the meeting was adjourned at 8:33 p.m. I/ )7/c)A—daAgel_, Sally •'s award, Recording Secretary