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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 6/13/2002 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JUNE 13, 2002 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 Carl Dietzman Ron Piceno Ann Ransom Douglas Ward, Vice-Chairperson BOARDMEMBERS ABSENT: Richard Schwartz , Hector Castro CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner,Deputy City Attorney Tabitha Perry, Associate Planner John Fukasawa, Associate Planner Sally Millward, Recording Secretary Chairperson Drew explained the Board's policies and hearing procedures. Chairperson Drew called for approval of the May 9, 2002 minutes. Boardmember Ransom made a MOTION to APPROVE the minutes from the May 9, 2002 meeting. Boardmember Piceno SECONDED the MOTION. The motion PASSED by a vote of 5-0. Chairperson Drew called for Business from the Floor. There was none. Chairperson Drew asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Drew explained four out of five of the members present have to vote in the affirmative for a motion to pass. June 13, 2002 Board of Adjustment Page 2 Chairperson Drew called for public hearing items. APPLICATION NO.: ZV-02-05 REQUEST: A request by Mr. John Nielsen to allow a side yard setback of 6 feet 5 inches where 10 feet is the minimum required and a lot coverage of 43% where 40% is the maximum allowed. The property is zoned R1-6 (Single Residential) and is located with in the Adventure Homes Subdivision. The property is located at 10429 North 49th Avenue. Staff Contact: Tabitha Perry (Barrel District). Ms. Perry presented the application, reviewing the site and request. Chairperson Drew asked if the parking area could be enclosed to be used as a storage area. Mr. Jacobs said the intent of the stipulation was to restrict it from becoming part of the living area of the house, however, the Board could further prohibit the structure from being enclosed. Vice-chairperson Ward questioned whether the request meets finding 3, pointing out a side yard variance would not be necessary if the structure were built next to the house and the walkway was eliminated. Ms. Perry agreed a side yard setback variance would not be necessary. Boardmember Piceno said he recalls reading that a detached structure has to be 10 feet away from the existing structure. Ms. Perry agreed, explaining the applicant proposes to attach the structure to the principal structure to minimize their request. Chairperson Drew pointed out the structure would not be freestanding. Ms. Perry agreed. Mr. Jacobs explained the site plan depicts a freestanding building and the intent is to connect it. Mr. Nielsen, applicant, explained the structure is not attached to the house at this time. He said it is his intent to paint the structure to match the house. Chairperson Drew asked Mr. Nielsen if he would object to a stipulation prohibiting the structure from being enclosed. Mr. Nielson responded no. Boardmember Piceno asked if the structure could have been placed in the back yard with its entry/exit off Peoria. Mr. Nielsen expressed his opinion it would be dangerous to do so. Vice-chairperson Ward asked Mr. Nielsen why he did not build the structure up against the house to begin with. Mr. Nielsen said there is not adequate room, explaining an existing large tree and existing gate would have to be removed. Mr. Nielsen confirmed for Chairperson Drew that it is their intent to tie the structure into the house. Boardmember Ransom asked what purpose is being served by having the structure in the proposed location. Mr. Nielsen explained the structure shades the north side of their house. June 13, 2002 Board of Adjustment Page 3 Vice-chair Ward asked if the breezeway was calculated into the coverage percentage. Mr. Nielson answered yes, explaining that is why they are 3% over. Vice-chair Ward asked if the structure would meet the minimum lot coverage if the structure were not roofed. Ms. Perry explained they would face the 10-foot separation issue if a roof were not built connecting the two structures. She said, in discussions she has had with Building Safety, she was told there are several ways the applicant can connect the structures. Mr. Nielsen confirmed for Chairperson Drew that he would not object to a stipulation prohibiting enclosure of the parking area. 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-02-05, subject to the stipulations contained in the staff report. Boardmember Dietzman SECONDED the MOTION. Chairperson Drew opened the floor to discussion. Chairperson Drew asked Boardmember Piceno to amend his motion to include a third stipulation prohibiting the enclosure of the parking area. Boardmember Dietzman withdrew his second. Boardmember Piceno AMENDED his motion to include a third stipulation prohibiting enclosure of the parking area. Boardmember Dietzman SECONDED the motion. No further comments were made. Chairperson Drew called for a Roll Call Vote. The MOTION FAILED by a vote of 3 to 2 (Board Member Ransom and Vice-chair Ward 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-02-06 REQUEST: A request by Mel Smith to allow a 5-foot and 10-foot side yard setback where a 20-foot perimeter setback is required in the R-3 (Multiple Residence) zonin.g district. The property is located at 6742 North 54t Drive. Staff Contact: John Fukasawa(Ocotillo District). Mr.Fukasawa presented the application, reviewing the site and request. June 13, 2002 Board of Adjustment Page 4 Chairperson Drew stated Mr. Smith previously asked to have the ability to reverse the five foot and 10 foot setbacks based on the ultimate location of the house. He asked if the Board has the authority to grant such a request. Mr. Jacobs stated there does not appear to be much difference between the setbacks on the adjacent properties so he does not have any particular problem with the applicant's request. He said it will ultimately be a site plan decision, noting staff will review and approve the site plan at a future date. Boardmember Ransom asked if both neighbors have zero foot setbacks. Mr. Fukasawa said the properties, if not at zero, are very close. Mr. Smith, applicant, concurred with staff's conclusion that the request meets all four of the required findings. Mr. Smith confirmed for Chairperson Drew that his intent is to build a single residence on the lot. Chairperson Drew asked where the driveway would be located. Mr. Smith said he is open to staff's opinion as to the best place to locate the driveway. Chairperson Drew opened the meeting up for public comment on this case. Ruben Gutierrez, 5429 North 54th Drive, expressed concern about the development of a multi- family rental unit, stating it would undermine their efforts to improve the neighborhood. He asked the Board to include stipulations preventing the residence from being converted into a duplex. He confirmed for Chairperson Drew he would approve of a single family residence. Mr. Refugio Aguilar, 6741 North 54th Drive, explained his house is located directly across from the subject property. He asked the Board to deny the applicant's request and provided pictures depicting problems he believes will be exacerbated should the request be approved. He expressed his opinion a five foot variance would be ridiculous. He spoke about problems they have had with tenants in the adjacent duplex and the reduced setbacks already given to that property. He stated the neighborhood already has a problem with cars parking along the curb and the applicant's lack of parking in the front will add to the problem. He expressed concern that the applicant would rent or sell the house and not control the number of people who live there. He agreed the site is currently an eye sore, stating, however, the applicant's proposed use of the property would make matters worse for their neighborhood. He stated he would not object if HUD requested a similar variance because he believes they would control the number of people who would live there. He said, however, a private person would not have the same type of control and it would be to the applicant's benefit to have more people living in the house. Chairperson Drew informed Mr. Aguilar that the Board can only consider the property itself, not its owner. Pauline Valenzuela, 6717 North 54th Avenue, on behalf of Heart of the Glendale Neighborhood, stated they are concerned about multi-family housing. She raised specific concerns with the uncovered parking in the back of the property, stating people would be unable to access or exit the property on Sundays because of the number of people attending the church. She said they are also concerned about the size of the house, stating it will ultimately become multi-family. She June 13, 2002 Board of Adjustment Page 5 stated a five foot variance would result in a fire hazard between the houses. She said they would welcome a smaller single family home. Mr. Smith said he wanted to preserve the mature landscaping on the property. He took issue with those who implied he is a slumlord, stating he requires his tenants to keep a good house. He stated the house would be built for sale, but he would act as the landlord until it sells. He stated home ownership does not ensure a well-kept property, pointing out several homes in the area are in poor condition. He assured the Board that, as long as he is the landlord, rooms in the house would not be rented on an individual basis. Chairperson Drew asked Mr. Smith when he purchased the property. Mr. Smith answered three years ago. Boardmember Dietzman asked Mr. Smith if he is set on building a five bedroom home. Mr. Smith noted a similar home he built now houses a woman with five or six children. Mr. Smith stressed that the application meets the four required findings. Chairperson Drew asked Mr. Jacobs if the existing zoning was in place at the time Mr. Smith purchased the property. Mr. Jacobs responded yes. Chairperson Drew suggested the situation was self-imposed since the applicant purchased the property under the current zoning. Mr. Jacobs explained ordinance changes have impacted the 7,000 foot R-3 lot and it no longer meets the zoning's original intent. As no further comments were made, Chairperson Drew closed the public hearing portion of the case. Vice-chairperson Ward made a MOTION to APPROVE ZV-02-06, subject to the stipulations contained in the staff report. Boardmember Ransom SECONDED the MOTION. Chairperson Drew opened the floor to discussion. Boardmember Ransom said she has listened to the residents' concerns, and, while the project looks good on paper, she is concerned about what might happen in the future. She stated she has not yet made her decision. Boardmember Dietzman agreed with Boardmember Ransom. Boardmember Piceno pointed out the residents spoke about the possibility of future problems and problems they have had with other properties in the neighborhood, not the specific project at hand. He said he would support the applicant's request because the Board has approved similar requests for Habitat for Humanity. Chairperson Drew questioned whether Finding 1 was met, stating Mr. Smith should have known what he was buying when he purchased the property. June 13, 2002 Board of Adjustment Page 6 No further comments were made. Chairperson Drew called for a Roll Call Vote. The MOTION FAILED by a vote of 2 to 3 (Board members Ransom and Dietzman, and Chairperson 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-02-09 REQUEST: A request by Gallagher and Kennedy to allow 43 parking spaces where 73 spaces are required and .027% landscaping where 5% is required in the M-2 (Heavy Industrial) zoning district. The property is located at 5524 North 51St Drive. Staff contact: John Fukasawa (Cactus District).. Mr. Fukasawa presented the application,reviewing the site and request. Chairperson Drew asked if the applicant will both park in and landscape the city's right-of-way. Mr. Fukasawa responded yes, explaining the applicant will keep 15 of the currently existing parking spaces and create a landscape buffer along 51St Avenue. He confirmed the cars would be parked behind the landscaping buffer. Vice-chair Ward asked if the city would restrict any user to 30 employees. Mr. Fukasawa explained prior zoning dictated the use. Rod Jarvis, applicant, stated they are in complete agreement with staff's findings and stipulations. He assured Vice-chair Ward that it is not their intention to slide around the stipulation related to the number of employees by introducing another type of use. Vice-chair Ward asked if the applicant would maintain the landscaped area. Mr. Jarvis responded yes. Chairperson Drew asked if more landscaping could be provided to improve the property's appearance. Mr. Rinehardt, project engineer, reviewed their landscape plan. He explained they originally proposed to remove all of the parking in the right-of-way to allow for more landscaping, however, in response to the district's Councilman's concerns about adequate parking, they ultimately decided to move the parking spaces back and landscape along the frontage. 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-02-09, subject to the stipulations contained in the staff report. Vice-chair Ward SECONDED the MOTION. June 13, 2002 Board of Adjustment Page 7 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 5 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. Chairperson Drew called for Other Business. Farewell appreciation plaques were awarded to Chairperson Drew and Board members Ransom and Piceno for their service and dedication to the Board of Adjustment. Board members Drew, Ransom, and Piceno thanked the Mayor for their appointments and their fellow Board members for their professionalism and friendship. Mr. Jacobs invited the retiring members to attend future workshops. He reported one appointment has been made, stating they hope to have the other two seats filled by the July meeting. 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 8:50 p.m. Sally ' ward, Recording Secretary