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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/2/2002 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, OCTOBER 10, 2002 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by the Chairperson,Douglas Ward, with the following members and representatives present: BOARDMEMBERS PRESENT: Douglas Ward, Chairperson Tommie Beck Carl Dietzman, Vice-Chairperson David Iwanski Carol Marx Richard Schwartz George Giarusso BOARDMEMBERS ABSENT: None CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner,Deputy City Attorney Teresa Halverson, Planner John Fukasawa, Associate Planner Tabitha Perry, Associate Planner Sally Millward, Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. Chairperson Ward called for approval of the September 12, 2002 minutes. Vice-chairperson Dietzman made a MOTION to APPROVE the minutes from the September 12, 2002 meeting. Boardmember Iwanski SECONDED the MOTION. The motion PASSED by a vote of 7-0. 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. October 10, 2002 Board of Adjustment Page 2 Chairperson Ward called for public hearing items. APPLICATION NO.: ZV-02-16 REQUEST: A request by David Postal representing Fridgco, Inc. for a variance in C-3 (Heavy Commercial) zoning district to allow a 10 foot side setback where 15 feet is required. The site is .62 acre parcel located at 6932 North Grand Avenue. Staff Contact: Teresa Halverson (Ocotillo District). Ms. Halverson presented the application, reviewing the site and request. Mr. Postal, applicant's representative, offered to answer questions. He explained the building is pre-engineered and modifications to its shape and/or size would create an economic hardship for the applicant. Chairperson Ward asked Mr. Postal if the landscaping would be visible from Grand Avenue. Mr. Postal responded yes. Chairperson Ward asked what is located on the west side of the block wall. Mr. Postal explained the ten foot area between the block wall and the building would be landscaped. He stated there is no access on that side of the building. Boardmember Beck asked what is the distance between the building and the south property line. Mr. Postal estimated the distance to be 21 feet. 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. Vice-chairperson Dietzman made a MOTION to APPROVE ZV-02-16. Boardmember Giarusso SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward commended the applicant on making good use of the property. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 7 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. October 10, 2002 Board of Adjustment Page 3 APPLICATION NO.: ZV-02-22 REQUEST: A request by Habitat for Humanity 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) zoning district. The property is located at 6742 North 55 Avenue. Staff Contact: John Fukasawa (Ocotillo District). Mr. Fukasawa presented the application, reviewing the site and request. Ms. Kimzey, applicant's representative, offered to answer the Board's questions. Chairperson Ward asked if the house located behind the subject lot is also a Habitat home. Ms. Kimzey was unable to say. Chairperson Ward asked about the home's layout and when construction would commence. Ms. Kimzey explained the family would be able to choose from two or three floor plans. She said construction would begin immediately. Boardmember Giarusso asked if alley access to the carport is typical. Mr. Fukasawa said alley access is common for the neighborhood and has been provided on several Habitat homes. In response to Vice-chairperson Dietzman's question, Ms. Kimzey stated the shed would be used for storage. 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-02-22. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Schwartz asked if the city's zoning could be changed to allow smaller side yard setbacks in similar in-fill areas, explaining the Board has heard a number of similar requests in the past. Mr. Jacobs stated some predominately single family residential areas have been rezoned to single family residential, which eliminated uses the neighborhoods found less than desirable and established appropriate setbacks. He said, however, it is often difficult to rezone older neighborhoods. He said another option would be for the Planning Commission or other group to initiate a text amendment to the Ordinance, identifying certain types of lots as having reduced setbacks. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 7 to 0. October 10, 2002 Board of Adjustment Page 4 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-02-17 REQUEST: A request by Ms. Michelle Seidel with D.A.S. Buildings to allow side yard setbacks of 5 and 10 feet where 20 feet is the minimum required in the R-4 (Single Residential) zoning district. The property is located at 6534 West Maryland Avenue. Staff Contact: Tabitha Perry (Ocotillo District). Ms. Perry presented the application,reviewing the site and request. Ms. Michelle Seidel, applicant, offered to answer questions. Chairperson Ward asked if the 20 foot setback is within the Zoning Ordinance. Ms. Seidel responded yes. Chairperson Ward asked about the home's floor plan. Ms. Seidel said the home would be approximately 1,333 square feet, with three bedrooms and a two-car garage. Vice-chair Dietzman asked Ms. Seidel if she will reside in the home. Ms. Seidel explained she would be selling the home. Boardmember Giarusso asked when construction would commence. Ms. Seidel stated within the next few months. 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 Marx made a MOTION to APPROVE ZV-02-17, subject to staff's stipulation. Boardmember Iwanski SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward commended the applicant on her intent to build a nice home on the lot. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 7 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. October 10, 2002 Board of Adjustment Page 5 APPLICATION NO.: ZV-02-15 REQUEST: A request by Larry Lawrence to allow a front yard fence with a maximum wall height of 6 feet where 3 feet is the maximum height allowed in the R1-6 PRD (Single Family Residence, Planned Residential Development) zoning district. The property is located at 19375 North 54th Avenue. Staff Contact: Tabitha Perry (Cholla District). Ms. Perry presented the application, reviewing the site and request. Ms. Perry explained to the Board that Stipulation #3 of the staff report was not to be considered at this time per staff request. Boardmember Giarusso asked why the similar variance request submitted in 1999 was denied. Ms. Perry explained the applicant's lack of desire to meet the visibility triangle requirement and other landscaping issues resulted in the 1999 application being denied. She stated those issues have been addressed with regard to the current application. Boardmember Giarusso asked if the 2.5 feet between the wall and street would be landscaped. Mr. Jacobs said it would be up to the applicant, explaining it is not part of staff's recommendation. Vice-chairperson Dietzman asked if the corner setback would be landscaped. Ms. Perry stated the neighborhood had no major concerns about the landscaping, therefore, staff decided not to include a stipulation. She said the applicant will decide whether or not to landscape that corner. Larry Lawrence, applicant, explained his previous request failed due to disagreements among the Board members as to which stipulations should be included. He urged the Board not to add additional stipulations to the current variance request. He said the purpose of the wall is to restore equity, provide separation from the subdivision, reduce dust, improve the property's visible appearance, and provide security. With regard to Finding 2, he said, while it was difficult to find another property in Glendale that is as large or irregularly shaped as his, he found one example north of Peoria on 59th Avenue. He expressed his opinion that property represents a precedent set by the city. He said the City of Glendale has approved at least four other similar variances. He pointed out the north portion of his property is zoned A-1, while the south portion is zoned R1-6. He said he does not feel he should be required to provide landscaping along his fence. He expressed his opinion that Findings 1 through 4 are met. Boardmember Giarusso asked if the applicant will maintain the wall, removing any graffiti that it might attract. Mr. Lawrence responded yes, noting there has been no graffiti activity to date on the wall on Kerry Lane. In response to Boardmember Iwanski's questions, Mr. Lawrence said he agrees with staff's recommended Stipulation 1, but would like Stipulation 2 removed. Boardmember Beck asked about the wall's appearance. Mr. Lawrence said they intend to make the wall match the stuccoed façade of their house, however, they do not believe it would be fair for the city to mandate its finish. Boardmember Beck suggested a plain block wall would be October 10, 2002 Board of Adjustment Page 6 detrimental to the neighborhood. Mr. Lawrence said, if he were his neighbor, he would prefer a block wall to no wall, pointing out the property itself does not fit in with the neighborhood. Chairperson Ward asked Mr. Lawrence about his future plans for the property. Mr. Lawrence said they have no plans to subdivide the property or for development on the south portion of the property. Chairperson Ward asked about the landscaping along 54th Avenue. Mr. Lawrence said they would only commit to keeping the weeds down. Boardmember Iwanski asked Mr. Jacobs what the city requires in terms of the façade of a block wall. Mr. Jacobs explained subdivision CC&R's have guidelines, however, custom homes go through design review. He said it is usually not an issue because homeowners typically match a wall's façade to that of their homes. 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 Iwanski made a MOTION to APPROVE ZV-02-16 subject to Stipulation No. 1 set forth in the staff report. Boardmember Giarusso SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Iwanski said he believes the applicant made a compelling case. Boardmember Schwartz expressed concern about removing staff's recommended stipulation regarding the wall, stating doing so removes any compulsion on Mr. Lawrence's part to ensure the wall fits in with the neighborhood. He commented on the applicant's unwillingness to landscape and maintain the area along the wall. Boardmember Beck agreed with Boardmember Schwartz, stating he believes the applicant should be required to make the wall conform with the neighborhood. Boardmember Marx agreed the improvements should be consistent with the surrounding neighborhood. Boardmember Giarusso said he would support Boardmember Iwanski's motion, but sees the validity of the points brought up by the other Board members. Vice-chairperson Dietzman made a MOTION to AMEND the MOTION to APPROVE ZV-02-15, to include all three of staff's recommended stipulations. Mr. Jacobs pointed out staff no longer recommends Stipulation 3. Ms. Perry explained they removed Stipulation 3 because the neighbors have not expressed any concerns about the landscaping. October 10, 2002 Board of Adjustment Page 7 Vice-chair Dietzman AMENDED his MOTION TO AMEND, removing Stipulation 3. Boardmember Marx SECONDED the MOTION. At this time, Chairperson Ward asked if the public hearing portion of the meeting could be reopened for comments. City Attorney Flenner ruled that it had been closed to further comment and could not be reopened. No further comments were made. Chairperson Ward called for a Roll Call Vote. The AMENDED MOTION TO AMEND PASSED by a vote of 6 to 1 (Boardmember Ward voted nay). Chairperson Ward said the subject property is beautiful and he is confident the proposed improvements will be beautiful as well. Chairperson Ward called for a Roll Call Vote. The MOTION TO APPROVE AS AMENDED PASSED by a vote of 6 to 1 (Boardmember Schwartz 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 the Planning Staff Report. No report was given. 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. Sally 'rn lward, Recording Secretary