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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 11/8/2001 • MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,NOVEMBER 8, 2001 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson, Dan Drew, with the following members and representatives present: BOARDMEMBERS PRESENT: Daniel Drew, Chairperson Hector Castro Carl Dietzman Ann Ransom Richard Schwartz Douglas Ward, Vice-Chairperson BOARDMEMBERS ABSENT: Ron Piceno CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, Deputy City Attorney Teresa Halverson, Planner Tabitha Perry, Associate Planner Sally Millward, Recording Secretary Lynn Crance, Secretary Chairperson Drew explained the Board's policies and hearing procedures. Chairperson Drew called for approval of the October 11, 2001 minutes. Vice-Chairperson Ward made a MOTION to APPROVE the minutes from the October 11, 2001 meeting. Boardmember Ransom SECONDED the MOTION. The motion PASSED by a vote of 6-0. Chairperson Drew called for Business from the Floor. There was none. Chairperson Drew asked staff if there were any requests for withdrawals or continuances. Mr. Jacobs reported receiving a letter asking that the following item be withdrawn: November 8, 2001 Board of Adjustment Page 2 APPLICATION NO.: ZV-01-24 REQUEST: A request by Trammel Crow Company and Einhorn Yaffee Prescott for a variance to reduce the required number of parking spaces from 334 to 137 and a request to allow a zero (0) foot perimeter wall where eight (8) feet is required in the B-P (Business Park) zoning district. The property is located at 6540 North 99th Avenue. Staff Contact: John Fukasawa (Yucca District). Mr. Jacobs requested on the applicant's behalf that the following item be continued to an unspecified date: APPLICATION NO.: ZV-01-20 REQUEST: A request by Stephen L. Duncan, P.C. on behalf of B &M Partnership, LLC for a variance to allow an increase in the building mounted sign area to 254 square feet where 48 square feet is permitted and three freestanding monument signs where one is permitted in the C-O (Commercial Office) district The two requested additional freestanding signs include 9 square feet of sign area. The two individual office buildings are located in the Bell American Plaza Office complex, 7111 West Bell Road. The Commercial Office District allows for a maximum of 24 square feet of sign area per building. Staff Contact: Tracy Stevens (Cholla District). Chairperson Drew called for public comment on ZV-01-24 and ZV-01-20. As no comments were made, he closed the public hearing. Boardmember Ransom made a MOTION to WITHDRAW ZV-01-24 and to CONTINUE ZV-01-20 to an unspecified date. Boardmember Schwartz SECONDED the MOTION. The motion passed by a vote of 6-0. 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. November 8, 2001 Board of Adjustment Page 3 APPLICATION NO.: ZV-01-21 REQUEST: A request by Jack Edwards for a variance to allow a side yard setback of 0 feet where 11 feet is required for an accessory building and 6 feet where 10 feet separation is required between a principal residence and accessory buildings in the SR-17 (Single Residence) zoning district. The address is 14312 North 66th Drive. Staff Contact: Tabitha Perry (Sahuaro District). Ms. Perry presented the application, reviewing the site and request. Chairperson Drew asked about designating the RV cover as an accessory building. Ms. Perry explained the RV cover is considered an accessory building for building setbacks. Chairperson Drew asked if walls could be added to the RV cover making it a true building. Mr. Jacobs explained the 10-foot separation standard is applied to the RV cover because it is a significant structure. He stated the RV cover could be stipulated to not be enclosed. Boardmember Ransom expressed concern that characterizing the structure as a building could result in the structure being enclosed at a future date. Mr. Jacobs stated the Board could include a stipulation prohibiting enclosure of the structure. Chairperson Drew questioned if the structure was the minimum variance necessary, suggesting the roof could be lowered given the size of the motor home it would house. Ms. Perry explained the RV cover already existed and the applicant extended a portion of it. Mr. Jack Edwards, applicant, 14312 North 66th Drive, stated the covered RV parking was a deciding factor in his purchasing the house. He said, to his knowledge, the RV cover was constructed when the house was built, approximately 1989. He discussed his plans with his neighbor and obtained his approval, but never considered the need for a permit. He stated the north end is 14 feet or 14 feet 6 inches high and the south end is six inches lower for drainage purposes. He said he was told the maximum allowable height was 15 feet. He expressed doubt that the structure could ever be converted into an actual building. He stated he did not extend the structure any closer to the property line. Boardmember Ransom asked Mr. Edwards if he would object to a stipulation prohibiting enclosure of the structure. Mr. Edwards stated he would not. Chairperson Drew explained that the stipulation would prevent future owners from enclosing the structure. Chairperson Drew asked Mr. Edwards why he extended the structure to the front rather than to the rear. Mr. Edwards explained the yard's landscaping and pool concrete made it necessary to extend the structure forward. Chairperson Drew opened the meeting up for public comment on this case. November 8, 2001 Board of Adjustment Page 4 Mr. Ralph Plunkett, neighbor, 14303 North 66th Drive, Glendale, stated the awning was well built and is not intrusive. He said the cover's height allows for the motor home's satellite dish. Chairperson Drew asked Mr. Plunkett if he saw the construction of the original structure. Mr. Plunkett said he only saw the construction of the extension. He explained the pipes of the extension were slid over the original pipes, reinforcing their strength. Chairperson Drew asked Mr. Plunkett if he can see the structure from his front yard. Mr. Plunkett said he can see approximately one-quarter to one-half of the structure. Ms. Malia Moeschl, 6617 West Crocus, Glendale, stated she did not notice the awning prior to being notified of the hearing. She said their neighborhood is well-maintained and they appreciate the flexibility they have in not having a homeowners association. She voiced her opinion that the structure is not a problem. Mr. Edwards noted the television dish scrapes the roof of the RV cover. Boardmember Schwartz asked if the original structure was reconstructed or added on to. Mr. Edwards explained the original structure was raised two inches. Boardmember Schwartz asked if the roofing material remained the same. Mr. Edwards stated it did. Chairperson Drew closed the public hearing portion of the case. Boardmember Ransom made a MOTION to APPROVE ZV-01-21, subject to a stipulation prohibiting enclosure of the structure. Vice-Chairperson Ward recommended the stipulation read "The RV cover shall not be altered in any way." Boardmember Ransom agreed. Boardmember Dietzman SECONDED the MOTION. Chairperson Drew opened the floor to discussion. Boardmember Castro asked Ms. Perry if the zoning standards changed after construction of the original structure. Ms. Perry explained that, because there was no permit for the original RV cover, she was unable to determine if the required setbacks had changed since its construction. Vice-Chairperson Ward stated he would support the motion. Chairperson Drew questioned whether Finding 2 was met, stating he considers it to be a gray area. No further comments were made. Chairperson Drew called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. November 8, 2001 Board of Adjustment Page 5 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-01-22 REQUEST: A request by the Neighborhood Revitalization Division for a variance to allow side yard setbacks of 5 and 10 feet where 15 feet is required in the R-2 (Mixed Residence) Zoning District. The address is 6013 West Gardenia Avenue. Staff Contact: Tabitha Perry (Ocotillo District). Ms. Perry presented the application, reviewing the site and request. Boardmember Dietzman asked if Catlin Court has been set aside to be a historic district. Ms Perry said it has been. Boardmember Dietzman asked what the elevation of the house would look like. Ms. Perry explained the elevation would be considered during design review. Ms. Charyn Elrich-Palmisano, Neighborhood Revitalization Department, explained the City of Glendale receives federal funding to promote adequate and affordable housing. She said the Neighborhood Revitalization Department administers various programs and currently offers a replacement housing program which addresses houses that cannot be rehabilitated. She stated they represent Mr. and Mrs. Cortez who have applied for that program. She said the side setbacks, as presented,meet the intent of the zoning ordinance. Chairperson Drew asked about the ten day response period. Ms. Elrich-Palmisano stated they believe 10 days is adequate time for interested parties to respond, noting no negative response was received. She explained the ten day response period was established when they did a replacement house on an adjacent lot a few years ago. Chairperson Drew questioned whether additional time should be given to provide people more time to respond, noting mail delivery is often delayed. 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. Vice-Chairperson Ward made a MOTION to APPROVE ZV-01-22. Boardmember Castro SECONDED the MOTION. Chairperson Drew opened the floor to discussion. No further comments were made. 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. November 8, 2001 Board of Adjustment Page 6 APPLICATION NO.: ZV-01-23 REQUEST: A request by Mr. Paul Rosen representing Groen Brothers Aviation to approve 1) a maximum building height of 41 feet where 30 feet is the maximum allowed; 2) to provide 222 parking spaces where 275 parking spaces are required in the M-1 Zoning District. The site is a 16-acre parcel located at 10375 West Glendale Avenue. Staff Contact: Teresa Halverson (Yucca District). Ms. Halverson presented the application, reviewing the site and request. Vice-Chairperson Ward asked where the M-2 zoning begins and ends. Ms. Halverson said there is no M-2 zoning in the surrounding area. Vice-Chair Ward asked when the zoning changed. Ms. Halverson answered May of 2001. She explained the zoning change was made to accommodate special development areas where taller buildings were needed. She stated the Glendale Municipal Airport Manager has reviewed the applicant's site plan and has no concerns with the building's height. Chairperson Drew referred to a case currently before the FAA in regards to the subject building. Ms. Halverson explained the form is required due to the building's close proximity to the airport. She noted, however, the Airport Manager has indicated there are no concerns. Chairperson Drew suggested they add a stipulation requiring FAA approval. Ms. Halverson said staff would support adding that stipulation. Mr. Paul Rosen, applicant's representative, 2111 East Highland Avenue, Phoenix, discussed particular features of the property and structure. He said they have illustrated to the FAA that their building is clear of the FAA cone. In regard to parking, Mr. Rosen said, while additional parking space is available, it is not necessary. Boardmember Dietzman asked if the ground would be leveled. Mr. Rosen said 103rd Avenue would enter from Glendale Avenue, where the grades match, and would then run with natural grade. He said the slope between Glendale Avenue and the parking lot is not very steep. He explained the cliff was the result of fill brought in when the existing buildings were developed. Boardmember Dietzman asked how they would get the plane to the airport. Mr. Rosen explained they would create a paved taxi-way connection with a gated entry into the airport. Boardmember Ransom expressed concern about ownership of the property. Mr. Rosen stated it has been represented to him that the city is satisfied in regard to the development of an industrial park. Mr. Flenner stated the issue of litigation is not relevant to the Board's decision. Chairperson Drew asked Mr. Rosen if he would agree with a stipulation requiring FAA approval. Mr. Rosen stated he would. 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. November 8, 2001 Board of Adjustment Page 7 Chairperson Drew made a MOTION to APPROVE ZV-01-23, subject to the following stipulations: 1) This variance shall apply only to the use of the building for aircraft manufacturing as shown on the site plan dated August 9, 2001 with the total number of employees on the site not to exceed one employee for every 744 square feet of building area; and 2) The variance would only take effect if the FAA approves the building structure as shown on the site plan dated August 9, 2001. Boardmember Schwartz SECONDED the MOTION. Chairperson Drew opened the floor to discussion. Boardmember Ransom said, under present circumstances, she would abstain from voting. Vice-Chairperson Ward stated the FAA will make its decision regardless of any stipulation the Board includes in its motion. Boardmember Schwartz asked why they are looking at two separate and distinct issues together and asked if they could be considered separately. Mr. Jacobs explained both issues are part of the same variance request. Chairperson Drew questioned why the office has to be 41 feet, stating, however, that it is set back far enough from Glendale Avenue so as not to be overwhelming. He said he would approve the motion. No further comments were made. Chairperson Drew called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0 (Boardmember Ransom abstained). Chairperson Drew called for Other Business. Mr. Jacobs addressed Boardmember Schwartz's concern, stating individual issues can be handled separately within one variance. Chairperson Drew suggested they schedule a workshop prior to the regular meeting in January to discuss the Board's considerations and restrictions with regard to the four findings. Vice-Chair Ward asked why the Board has to make a Motion to Approve something they intend to deny. Mr. Jacobs explained the prior Board was uncomfortable moving to approve a variance they were going to deny. The Board Chair explained at the beginning of the meeting that every variance would proceed with a Motion to Approve. Vice-Chair Ward expressed his opinion that it is not a proper procedure, stating, consequently, he would not make a motion if his intention is to deny a request. Chairperson Drew suggested they discuss the issue further at a workshop and have the City Attorney explain the rationale. November 8, 2001 Board of Adjustment Page 8 Chairperson Drew called for the Planning Staff Report. No report was made. Chairperson Drew called for Board Comments and Suggestions. No comments were made. As there was no further business, the meeting was adjourned at 8:20 p.m. // � Sally llward, Recording Secretary