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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 7/11/2002 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JULY 11,2002 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson,Doug Ward, with the following members and representatives present: BOARDMEMBERS PRESENT: Douglas Ward, Chairperson 4. Tommie Beck Carl Dietzman, Vice-chairperson David Iwanski Carol Marx Richard Schwartz BOARDMEMBERS ABSENT: None CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner,Deputy City Attorney Tabitha Perry, Associate Planner John Fukasawa, Associate Planner • Ricardo Toris, Senior Planner Sally Millward, Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. Chairperson Ward called for approval of the June 13, 2002 minutes. Boardmember Dietzman made a MOTION to APPROVE the minutes from the June 13, 2002 meeting. Boardmember Schwartz SECONDED the MOTION. The motion PASSED by a vote of 6-0. Chairperson Ward called for Business from the Floor. There was none. Chairperson Ward asked staff if there were any requests for withdrawals or continuances. There were none. July 11, 2002 Board of Adjustment Page 2 Chairperson Ward explained four out of the six members present have to vote in the affirmative for a motion to pass. Chairperson Ward called for public hearing items. APPLICATION NO.: ZV-02-10 REQUEST: A variance request by Jennifer O'Dell to reduce the side yard setback to 8 feet where 50 feet is required and increase the lot coverage to 15% where 10% is the maximum allowed in the A-1 (Agricultural) zoning district. The property is located at 5304 West Beck Lane. Staff Contact: Tabitha Perry (Sahuaro District). Ms. Perry presented the application,reviewing the site and request. Don O'Dell, applicant, explained the addition is used for storage and the RV cover in the back shields his race car and truck. Chairperson Ward 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 Schwartz made a MOTION to APPROVE ZV-02-10, subject to the stipulations contained in the staff report. Boardmember Dietzman SECONDED the MOTION. Chairperson Ward opened the floor to discussion. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. Chairperson Ward 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-02-11 REQUEST: A variance request by Auburn Wood to reduce the rear yard setback to 14 feet where 20 feet is required in the R1- 8 PRD (Single Residence, Planned Residential Development) zoning district. The property is located at 8123 West State Avenue. Staff Contact: Tabitha Perry (Yucca District). Ms. Perry presented the application, reviewing the site and request. Boardmember Dietzman asked if other homes in the area have similar situations. Ms. Perry responded yes, noting, however, some of the lot depths meet the standards. July 11, 2002 Board of Adjustment Page 3 Boardmember Schwartz asked if the property is associated with an HOA and, if so, has the HOA approved the plan. Ms. Perry stated the HOA has been contacted and approved the plan. Chairperson Ward said there appear to be areas on the lot where a patio could be located and remain within the zoning ordinance. Mr. Jacobs agreed the total building envelope is not being used at this point. He expressed his opinion the PRD is intended for deeper lots. Ms. Perry confirmed for Boardmember Dietzman that the addition is an extension to the already existing patio. Mr. and Mrs. Wood, applicants, showed pictures of a similar structure in their neighborhood. Chairperson Ward 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 Dietzman made a MOTION to APPROVE ZV-02-11, subject to the stipulations contained in the staff report. Boardmember Schwartz SECONDED the MOTION. Chairperson Ward opened the floor to discussion. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 1 (Chairperson Ward voted nay). Chairperson Ward 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-02-13 REQUEST: A request by Randell Ewers on behalf of Yvonne Knaack for multiple variances in the C-2 (General Commercial) zoning district to allow: 1) Front setback of five feet where twenty-five feet is required along Glendale Avenue, 2) Side setback of zero feet where fifteen feet is required along the east property line, 3) Street side setback of zero feet where twenty-five feet is required along the west property line, 4) Eleven parking spaces where twenty-four parking spaces are required, and 5) Thirteen percent on- site landscaping where twenty percent is the minimum required. The property is located at the southeast corner of 55`h Drive and Glendale Avenue at 5525 West Glendale Avenue. Staff contact: Ricardo Toris (Ocotillo District). Mr. Toris presented the application,reviewing the site and request. July 11, 2002 Board of Adjustment Page 4 Mr. Torts confirmed for Chairperson Ward that they are adding three off-street parking spaces, for a total of four. He reviewed the preliminary landscape plan for the site, stating they will more closely consider the plan during Design Review. Boardmember Schwartz said the applicant will be generating a substantial need for parking. He asked where employees and visitors would park. Mr. Torts explained there are 11 onsite parking spaces located along the southern portion of the site. He further explained the zoning ordinance parking requirements are calculated on the use and the amount of floor area. He said the basement of the subject building was included in its square footage, resulting in seven additional parking spaces. He noted the owner of the building and her staff will take up 1,200 square feet of the floor area. Boardmember Schwartz asked if underground parking has been considered. He also asked how many spaces would be needed for retail space. Mr. Torts stated if 1,200 square feet of office use were changed to retail use it would require five parking spaces. Boardmember Dietzman asked if there would be a wall or shrubbery along the south and east property line. Mr. Toris stated there is an existing building wall along the south property line. Shrubbery and trees will also be included along the southern property line and along the retention basin that runs along the east property line. He confirmed the east property line would be open to the alley. Boardmember Dietzman expressed concern about security with regard to parking in the back. Mr. Torts stated a person could not drive through the alley from the parking lot. He said the applicant could install a wall at a later date if they so desire. Boardmember Iwanski asked what number of parking spaces would be required if the basement's square footage were not included in the calculation. Mr. Torts stated eliminating the basement would reduce the number of parking spaces needed to 17. He said the proposed project provides a total of 15 parking spaces, which is the number of spaces needed if the building is used as office space rather than retail space. In response to Boardmember Beck's question, Mr. Torts explained off-site parking cannot be included in the calculations. Chairperson Ward asked if the Commission could stipulate that the basement not be used for anything other than storage. Mr. Flenner explained the Board could not eliminate the basement because it would require rezoning the basement area. Chris Myers, applicant's representative, stated the applicant intends to use the basement for storage and would be amenable to a stipulation restricting the basement to such use. He said 2,100 square feet will be designated for Office use. He explained that, while the applicant would like to designate 918 square feet for Commercial use, it is not set up for a commercial use and has no street access. He stated everyone involved wanted the building positioned closer to Glendale Avenue, creating a pedestrian friendly environment. He noted there is no room on Glendale Avenue for an entrance, stating vehicles have to enter off 55th Avenue. He said the shape of the lot does not support additional parking spaces. He stated notices were sent out to residents and business owners within a 600 foot radius and only received two responses. July 11, 2002 Board of Adjustment Page 5 Yvonne Knaack, applicant, stated she wants to be part of the changes taking place in downtown Glendale. Mr. Meyers stated the project is part of the VIP program and the City Council has indicated their support by approving funds for use towards its development. Boardmember Iwanski asked how many visitors the applicant anticipates would visit the building during a typical work day. Ms. Knaack said there would be no more than a couple visitors at any given time. She noted she currently only has one parking space. In response to Chairperson Ward's question, Mr. Meyers explained they are required to retain all storm water on site. Chairperson Ward asked if another parking space could be accommodated if the landscaping on 55th Avenue were modified. Mr. Meyers said design standards require a certain amount of space between parking spaces and the intersection. Boardmember Dietzman asked about the transition between the existing business and the applicant's building. Mr. Meyers said the transition will be addressed during Design Review. Ms. Knaack stated the building would be vacant at night, therefore security should not be a problem. Mr. Meyers concluded, stating the floor area ratio falls within the guidelines, however, the lot's odd size will not support additional parking spaces. Mr. Jacobs stated the elimination of the basement's square footage would reduce the number of parking spaces required. He confirmed the Board could add a stipulation restricting the leaseable area to the main floor. Chairperson Ward 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 Dietzman made a MOTION to APPROVE ZV-02-13, subject to the stipulations contained in the staff report, adding a stipulation restricting the leaseable area to the main floor and modifying the percentage of landscape to 17 percent. Boardmember Marx SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Schwartz pointed out the basement could be used for parking. Chairperson Ward expressed his opinion the project is a nice effort to beautify the downtown area. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. July 11, 2002 Board of Adjustment Page 6 Chairperson Ward 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-02-14 REQUEST: A request by Ismael Cortez to allow 5-foot and 10-foot side yard setbacks where a 20-foot perimeter setback is required in the R-4 (Multiple Residence) zoning district. The property is located at 7154 North 55th Avenue. Staff contact: 'John Fukasawa (Ocotillo District). Mr. Fukasawa presented the application, reviewing the site and request. Chairperson Ward asked if the city has considered rezoning all of the lots that do not meet the zoning standards. Mr. Jacobs responded yes, stating, however, meeting the various different objectives of the property owners often is a significant task. Ms. Cortez, applicant, stated the variance would allow her to build a single family home on a 50- foot wide lot. She offered to answer questions. Chairperson Ward 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 Schwartz made a MOTION to APPROVE ZV-02-14 as recommended by staff. Boardmember Dietzman SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward stated filling in small lots increases the value of surrounding properties and enhances the neighborhood. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0 (Chairperson Ward voted nay). Chairperson Ward 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 Ward called for Other Business. July 11, 2002 Board of Adjustment Page 7 APPLICATION NO.: ZV-02-06 REQUEST: The Board of Adjustment will reconsider a request by Mel Smith to allow five (5) and ten (10) foot side setbacks in the R-3 (Multiple Residence) zoning district where twenty (20) foot perimeter setbacks are required. On June 13, 2002, the Board of Adjustment voted 2-3 to approve this request. The motion failed, however, since 4 votes are required for approval. As a result, the request was denied. Mel Smith is asking that this application be reconsidered. The property is located at 6742 North 54th Drive. Staff contact: John Fukasawa (Ocotillo District). Chairperson Ward explained the Board originally heard and voted against Mr. Smith's request on June 13, 2002. He explained a Motion to Reconsider must be made by a Board member who was on the prevailing side of the vote, specifically Boardmember Dietzman. Boardmember Dietzman reiterated his position that the request does not meet the criteria for Finding No. 4. He stated, therefore, he could not in good conscience make a motion to reconsider Mr. Smith's request. Chairperson Ward called for the Planning Staff Report. Mr. Jacobs welcomed the new Board members and congratulated them on their appointment. He noted a seventh appointment is expected July 23. Mr. Jacobs announced a training workshop is scheduled for September 12 at 5:30 p.m. Chairperson Ward called for Board Comments and Suggestions. No comments were made. As there was no further business, the meeting was adjourned at 8:25 p.m. AAtiWZ Sally llward, Recording Secretary