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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 2/13/2003 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,FEBRUARY 13, 2003 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by Chairperson Douglas Ward, with the following members and representatives present: BOARDMEMBERS PRESENT: Douglas Ward, Chairperson Tommie Beck Carl Dietzman, Vice-Chairperson David Iwanski Richard Schwartz George Giarrusso BOARDMEMBERS ABSENT: Carole Marx CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, City Attorney 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 January 9, 2003 minutes. Boardmember Dietzman made a MOTION to APPROVE the minutes from the January 9, 2003 meeting. Boardmember Beck 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. Chairperson Ward called for public hearing items. February 13, 2003 Board of Adjustment Page 2 APPLICATION NO.: ZV-02-23 REQUEST: A request by Charles Lightner for a variance in the A-1 (Agricultural) zoning district to allow a 3-foot rear yard setback where 8 feet is the minimum allowed for an accessory structure. The property is located at 5235 West Escuda Drive. Staff contact: Tabitha Perry (Cholla District). Ms. Perry presented the application, reviewing the site and request. Ms. Perry confirmed for Chairperson Ward that the wall to be removed is the one with the window. Charles Lightner, applicant, explained he originally attempted to obtain a permit for the gazebo when he obtained a permit to build his garage. He said he was told at that time that a permit was not necessary and that a three-foot setback was all that was required. Boardmember Iwanski asked if he mentioned the structure's height when he was told a permit would not be necessary. Mr. Lightner responded no, stating it did not occur to him to mention it at that time. Boardmember Giarrusso asked Mr. Lightner how his meeting with the Dihel's went. Mr. Lightner said the meeting went well, explaining he agreed to paint the structure, remove the wall, and plant three trees to help obscure the structure. In response to Boardmember Beck's question, Mr. Lighter stated, while he would be willing to increase the wall's height, doing so would also increase its impact on his neighbor. He expressed his opinion it would be better to plant a couple of 48" box trees. Boardmember Dietzman asked if there are any plans, either now or in the future, to run water or electricity to the gazebo. Mr. Lightner responded no. Chairperson Ward opened the meeting up for public comment on this case. Moses Dihel, neighbor, confirmed the agreement reached between him and the applicant is satisfactory. He asked if the applicant will be given until a specific date to conform with their agreement. Mr. Jacobs stated no, explaining the Board's approval will be followed by a 15-day appeal period, after which time the applicant will be able to apply for a permit. Chairperson Ward closed the public hearing. Boardmember Dietzman made a MOTION to APPROVE ZV-02-23, subject to the stipulations contained in the staff report. Boardmember Beck SECONDED the MOTION. February 13, 2003 Board of Adjustment Page 3 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 (Boardmember Iwanski voted nay). APPLICATION NO.: ZV-02-26 REQUEST: A variance request by Carol Larson & Mary Cardea to eliminate the 1 covered parking space requirement in the R1-6 (Single Residence) zoning district. The property is located at 5738 West Cortez Street. Staff contact: Tabitha Perry (Sahuaro District). Ms. Perry presented the application, reviewing the site and request. Boardmember Iwanski asked if there is room for a second car on the property. Ms. Perry responded yes. Boardmember Beck noted six other homes on the applicant's street have enclosed their carports, asking if they obtained variances. Ms. Perry said the city does not have any variances or building permits on file for those residences. Carol Larson, co-applicant, stated they have made numerous improvements to their home, adding to the value of both their property and the neighborhood as a whole. Mary Cardea, co-applicant, stated while the lack of covered parking could impede their ability to sell their home in the future, it is not an uncommon situation, noting shopping center, and business and church parking lots rarely provide covered parking. She pointed out school buses, police cars and public transportation vehicles are always exposed to the elements. She said they have made the choice to add living space rather than maintain their covered parking. She said there has been no neighborhood opposition to their endeavor to obtain the variance. She asked the Board to grant their variance, stating it would be a financial hardship for them to construct a covered parking area. Boardmember Beck commented on how nice the applicants' property looks. Chairperson Ward opened the meeting up for public comment on this case. Sheila Hudson, 5732 West Cortez Street, Glendale, stated she lives directly east of the applicants and is very impressed with the improvements they have made to their home. She said she met with the applicants and found them to be very accommodating. She stated she supports the applicants' request. Holly Wake, 5739 West Altadena, Glendale, stated she lives behind the applicants' home and has no problem with their request. She said, unlike many of their neighbors, the applicants have February 13, 2003 Board of Adjustment Page 4 always ensured their improvements look professional and nice. She expressed her opinion it appears the applicants have been singled out by the city, pointing out a number of other residents on the street have made similar changes to their properties. Chairperson Ward closed the public hearing. Boardmember Giarrusso made a MOTION to APPROVE ZV-02-26, subject to the stipulations contained in staff's 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 (Boardmember Dietzman voted nay). APPLICATION NO.: ZV-02-28 REQUEST: A variance request by Pete Bell representing Rick Cook to reduce the side yard setback to 11 feet where 15 feet is the minimum allowed and reduce the rear yard setback to 23 feet where 30 feet is the minimum required in the SR-17 (Suburban Residence) zoning district. The property is located at 5541 West Riviera Drive. Staff contact: Tabitha Perry (Cholla District). Ms. Perry presented the application,reviewing the site and request. Ms. Perry confirmed for Chairperson Ward that, except for the two corners, the floor plan falls within the building envelope. Chairperson Ward asked if cul-de-sac lots are given special consideration. Mr. Jacobs acknowledged it is not uncommon for narrow cul-de-sac lots to have side yard issues, explaining they do not achieve the minimum lot width requirement until a specified distance back from the street. Boardmember Dietzman asked if the existence of the common area makes this situation different from others. Mr. Jacobs stated the dedicated common area means the applicant's side yard request will not infringe on a neighbor's property Pete Bell, applicant, explained the irregular shape of his property makes the variance necessary. He pointed out he has not received any negative feedback from his neighbors. In response to Chairperson Ward's question, Mr. Bell explained he is the owner, Mr. Cook is the general contractor, and that the house is being built for his daughter. Chairperson Ward opened the meeting up for public comment on this case. February 13, 2003 Board of Adjustment Page 5 Don Smith, 5627 West Cactus Road, explained he is concerned about the precedent approval of the applicant's request would set for future requests. He expressed his opinion the house could be re-oriented. Mr. Bell said, while they made various attempts to re-orient the house, doing so would put the house much closer to his neighbor to the rear and would cut out approximately one-third of the back yard. Chairperson Ward closed the public hearing. In response to Mr. Smith's concerns, Boardmember Iwanski said the Board considers each case on an individual basis to determine if the required findings have been met. Boardmember Giarrusso asked if a precedence has already been set for cul-de-sac lots in the immediate area. Ms. Perry responded no. Mr. Jacobs pointed out, however, similar variances have been approved in other neighborhoods. Chairperson Ward noted this and previous Boards have encountered and approved variance requests in similar situations. He said it appears the applicant has made considerable effort to fit the house on the building envelope. Boardmember Iwanski made a MOTION to APPROVE ZV-02-28, subject to the stipulations in staff's report. Boardmember Giarrusso SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Schwartz and Dietzman both felt the home could be modified to fit into the building envelope. Boardmember Schwartz said people who purchase custom lots should work with the city to construct a custom home that fits on the lot. Boardmember Beck stated he supports the applicant's request. Chairperson Ward reiterated his opinion that the applicant made every effort to fit the house on the lot. He suggested rotating the house would actually make it more intrusive on the applicant's neighbors. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 2 (Board members Schwartz and Dietzman voted nay). February 13, 2003 Board of Adjustment Page 6 APPLICATION NO.: ZV-02-29 REQUEST: A variance request by Robert Hylton, representing Paul and Carol Sorenson, to reduce the side yard setback to 10 feet where 15 feet is required in the SR-17 (Suburban Residence) zoning district. The property is located at 6314 West Wagner Road. Staff contact: Tabitha Perry (Cholla District). Ms. Perry presented the application, reviewing the site and request. Robert Hylton, applicant's representative, stated the typical side yard setback in the neighborhood is 10 feet, pointing out all homes east of the existing residence and all but one of the homes south of the residence have 10-foot side yard requirements. He said approval of the applicant's request would not alter the character of the existing neighborhood. Chairperson Ward asked what percentage of homes in the SR-17 zoning district have 10-foot side yard setbacks. Mr. Hylton said approximately 22 to 28 percent. He said the percentage would increase to 45 to 50 percent if homes zoned SR-12 were included. Carol Sorenson, applicant, stated they have shared their plans with their neighbors and have received no negative feedback. Paul Sorenson, applicant, explained their goal is to make a beautiful home. He estimated 40 to 50 percent of SR-17 homes in the neighborhood have 10-foot setbacks on one side. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Iwanski made a MOTION to APPROVE ZV-02-29. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward agreed with Mr. Hylton that Finding 2 has been met, given the property was zoned for 10-foot setbacks at one time. He asked if the property is subject to a grandfather clause allowing for a 10-foot setback. Mr. Jacobs responded no, explaining the property has been in the city for over 20 years. 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 called for the Planning Staff Report. February 13, 2003 Board of Adjustment Page 7 Mr. Jacobs announced Boardmember Schwartz has been nominated to the Planning Commission. The Board offered Mr. Schwartz their congratulations. Chairperson Ward called for Board Comments and Suggestions. Chairperson Ward thanked Board members, city staff, and Sally Millward for their efforts on behalf of the city. As there was no further business, the meeting was adjourned at 8:30 p.m. Sally +(lward,Recording Secretary