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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/11/2003 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,DECEMBER 11,2003 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by Chairperson Ward, with the following members and representatives present: BOARDMEMBERS PRESENT: Douglas Ward, Chairperson Carl Dietzman, Vice-Chairperson Tommie Beck David Iwanski Carol Marx BOARDMEMBERS ABSENT: George Giarrusso Michael Schroth CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, City Attorney John Verdugo, Planner Sally Melling, Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. Chairperson Ward called for approval of the November 13, 2003 minutes. Boardmember Dietzman made a MOTION to APPROVE the minutes from the November 13, 2003 meeting. Boardmember Iwanski SECONDED the MOTION. The motion PASSED by a vote of 5-0. 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. December 11, 2003 Board of Adjustment Page 2 APPLICATION NO.: VAR03-20 REQUEST: A request by Mr. Timothy Schwartz for a variance to reduce the side yard setback to 0 feet where 10 feet is required to allow an addition (RV cover) to a residence in an R1-6 zoning district. The property is located at 5603 North 46th Lane. Staff Contact: John R. Verdugo (Cactus District). Mr. Verdugo presented the application, reviewing the site and request. Mr. Schwartz, applicant, asked to reserve comment until his neighbors have addressed the Board with regard to his application. He clarified his neighbor to the north does not object to the project. Chairperson Ward opened the meeting for public comment on this case. John Edmonson, Cactus District, Glendale, referred to a letter he wrote on behalf of the Bethany Heights Neighborhood Association wherein he states the structure is not in character with the neighborhood. He said he also has safety concerns, including the ingress and egress of emergency vehicles. Boardmember Iwanski thanked Mr. Edmonson for his articulate and constructive letter. He asked Mr. Edmonson if his objection is to the RV cover itself or that it extends to the lot line. Mr. Edmonson expressed his opinion the structure is too high and creates an eye sore. Boardmember Beck asked if he would object if the applicant were to build the structure toward the back of the house. Mr. Edmonson said he would need to see final plans to determine what it would look like from the street. In response to Boardmember Marx's question, Mr. Edmonson stated he has lived in the neighborhood for almost five years. George Benson, Cactus District, Glendale, stated he does not object to the structure, pointing out the RV cover obstructs less of the view than his tri-level home. He said the structure is made out of steel and was professionally built. Vickie Hardy, Cactus District, Glendale, stated she opposes the application because she believes the structure is too tall, takes up too much space, and is unattractive. She expressed concern that the RV cover will lower her property's value. Phyllis Paslay, Cactus District, Glendale, said she also opposes the structure because it is too high and will negatively impact neighboring property values. She expressed her opinion the applicant should have attempted to obtain a permit prior to constructing the structure. She asked December 11, 2003 Board of Adjustment Page 3 if the structure could be as high as is currently proposed if it were moved behind the house. Mr. Verdugo clarified the structure's height could be 11 to 12 feet. Maurice Paslay, Cactus District, Glendale, said the applicant asked him if he would object to his constructing an RV cover about two years ago. He said he told Mr. Schwartz that he would not object if he obtained a building permit and built the structure to code. He said, however, Mr. Schwartz has a history of building without first obtaining the necessary permits, including two additions to his house. He submitted pictures of the applicant's property, expressing his opinion it resembles a junk yard. Darlene Richardson, Cactus District, Glendale, stated she does not object to the structure. Elizabeth Scozzari, Cactus District, Glendale, said she and her neighbors approve of the structure. Jim Benavidez, Cactus District, Glendale, stated he does not oppose the application. Mr. Schwartz stated he has received 13 letters in support of his application and only one letter in opposition. He noted every resident on 46th Lane, with the exception of one Spanish speaking resident, signed his petition indicating they do not oppose his application. He suggested Mr. Paslay's comments stem from a dispute wherein he accused Mr. Paslay of shooting birds out of a tree which then landed in his yard. He expressed his opinion the four required findings are too strict. He stated the City of Phoenix Planning and Zoning Department advised him that neighborhood support would carry his case. He noted a 28 foot motor home is parked in his neighbor's front yard, stating, while he does not object to the motor home, he believes his RV structure creates less of an eyesore. He submitted photographs of other properties in the neighborhood who have structures built to their zero property lines. He explained the RV cover is intended to protect his vehicles which have been burglarized and vandalized several times. He dismissed concerns that approval of his request would subject the neighborhood to unrestricted construction, noting numerous residents in the Bethany Heights neighborhood have permanent storage structures built to their property lines. A list of the properties' addresses was submitted for the record. Mr. Schwartz acknowledged that he started constructing the cover without a permit, stating, however, he has since been harassed, threatened, and intimidated by the City of Glendale. He pointed out one of the letters in support of his application was submitted by a prominent United States Congressman. He said, according to the City of Glendale, no one is grand-fathered in when it comes to a zero setback. He expressed his opinion that Mr. Edmonson's letter is not credible, stating he has a recording wherein Mr. Edmonson states he will not oppose the structure. Boardmember Beck stated he works in Phoenix and lives in Glendale and greatly appreciates Glendale's codes. Boardmember Dietzman said the applicant's structure has a 2.5 inch slope for runoff, which runs directly onto his neighbor's lawn. Mr. Schwartz stated his neighbor indicated there would not be an issue if a rain gutter was added to return the runoff to his yard. December 11, 2003 Board of Adjustment Page 4 Boardmember Iwanski asked Mr. Schwartz if he was informed of the four required findings when he applied for the variance. Mr. Schwartz responded yes. Boardmember Iwanski stated he read all of the letters the applicant submitted in support of his request, however, the Board must be able to meet the required findings to grant the variance. Mr. Schwartz expressed his opinion he has shown substantial evidence that his structure will not detrimentally affect his neighbors and that numerous properties in the neighborhood have similar structures. Boardmember Iwanski assured Mr. Schwartz that the Board, in fact, grants a large portion of the variance requests submitted, stating, however, each case is decided on a case-by-case basis. With regard to other structures in the neighborhood, he explained the Board has no information as to when those structures were built and whether or not they were built subject to a permit. Mr. Schwartz said it was difficult for him to mention the other structures in his neighborhood because he did not want to subject his neighbors to the city's scrutiny. André Hullaby, a Phoenix resident but frequent visitor to the neighborhood, questioned why people are concerned about the structure, stating it was well built. Mr. Paslay noted the applicant previously told him he was going to sell the RV next summer. Chairperson Ward closed the public comment. Mr. Verdugo explained Code Compliance works on a complaint basis and, while complaints have not been filed with regard to other structures in the neighborhood, a complaint was filed with regard to the applicant's RV cover. Boardmember Marx made a MOTION to DENY VAR03-20. Boardmember Dietzman SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Iwanski said, neighborhood support notwithstanding, the Board has to base its decision on the required findings. He commended the residents for addressing the Board. He stated he has not seen any evidence that would justify approving the variance. Boardmember Marx expressed her opinion the structure is not aesthetically pleasing and does not meet any of the required findings. Boardmember Dietzman said he believes a better solution can be found. Chairperson Ward said, while the Board tries very hard to accommodate applicants, the application has to meet the required findings. He expressed his opinion the application does not meet any of the four requirements. No further comments were made. December 11, 2003 Board of Adjustment Page 5 Chairperson Ward called for a Roll Call Vote. The MOTION to deny PASSED by a vote of 5 to 0. Upon request by a member of the audience, Mr. Verdugo reviewed the four required findings. APPLICATION NO.: VAR03-17 REQUEST: A request by Ms. Glenda Wood, for The White House Group Home, to delete the requirement for one covered parking space in the R1-6 (Single Residence) zoning district. The property is located at 10227 North 56 Drive. Staff Contact: John R. Verdugo (Barrel District). Mr. Verdugo presented the application, reviewing the site and request. In response to Boardmember Beck's question, Mr. Verdugo explained the other structures in the side yards are storage sheds. Ms. Wood, applicant, explained the house is a group home for elderly citizens. She said Mr. Whitaker sold her the house and was aware of her intentions. She said the crew she hired to build the garage did not obtain a permit. She assured the Board she would have obtained the necessary permit had she known one was required. She said Mr. Whitaker was the only neighbor to complain, noting he has an illegal structure on his property as well. She said tearing the structure down would be a hardship. Ms. Wood confirmed for Boardmember Beck that a group home can be a permitted use. Boardmember Dietzman asked Ms. Wood if she resides at the address. Ms. Wood explained she is currently going through a divorce and is making payments on two houses. She said, until her divorce is final, she or her daughter will stay at the group home. In response to Chairperson Ward's question, Mr. Verdugo said there was no covered parking requirement prior to 1993. Mr. Verdugo confirmed for Boardmember Beck that granting of the variance would result in no covered parking. Boardmember Iwanski asked Mr. Flenner if the contractor could be held liable. Mr. Flenner said, while the applicant has a strong claim for damages against the contractor, that issue falls beyond the scope of the findings. Chairperson Ward opened the meeting for public comment on this case. As no one wished to speak, he closed the public comment opportunity. December 11, 2003 Board of Adjustment Page 6 Boardmember Dietzman made a MOTION to call for a vote on VAR03-17. Boardmember Iwanski SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Iwanski stated, while he empathizes with the applicant, he does not believe the request meets the required findings. He expressed his opinion the contractor should be held liable and responsible for damages. Chairperson Ward said, in his opinion, the request meets all of the Findings except Finding 1. Mr. Flenner reminded the Board that a Yes vote is a vote for approval and a No vote is a vote for denial. Chairperson Ward called for a Roll Call Vote. The MOTION FAILED by a vote of 0 to 5. The meeting recessed for a short break. APPLICATION NO.: VAR03-14 REQUEST: A request by Mr. Gary Tomich, Kirk Development Company, for two variances: 1) to reduce the side yard setback to 37 feet where 50 feet is required; and 2) to increase the lot coverage to 14% where 10% is the maximum allowed for an addition to a residence in an A-1 zoning district. The property is located at 6104 West Marconi Avenue. Staff Contact: John R. Verdugo (Sahuaro District). Mr. Verdugo presented the application, reviewing the site and request. Gary Tomich, applicant, stated the property's width is narrow in relation to its depth, pointing out the existing house violates the 50-foot setback requirement. He said other properties in the neighborhood have reduced side yard setbacks and increased lot coverages. He assured the Board that all new construction will match the existing house. In response to Boardmember Iwanski's question, Mr. Tomich explained he has not yet obtained a permit because he first needs to be granted the variance. Boardmember Iwanski asked Ms. Burch if she has personally spoken with any of her neighbors with regard to the addition. Ms. Burch responded yes, stating no one voiced any objection. Chairperson Ward opened the meeting for public comment on this case. As no one wished to speak, he closed the opportunity for public comment. V December 11, 2003 Board of Adjustment Page 7 Mr. Verdugo emphasized that the A-1 zoning for Sunburst Farms was not suitable for the existing land use. He said it is clearly not an agricultural district and more closely resembles an SR-17. Chairperson Ward expressed his opinion the city should revisit areas that were improperly zoned when annexed into the city. Boardmember Iwanski made a MOTION to APPROVE VAR03-14, subject to the stipulations set forth in the staff report. Boardmember Marx SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Marx commended Ms. Burch for going through the proper channels. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Chairperson Ward called for Other Business. There was none. Chairperson Ward called for the Planning Staff Report. Mr. Flenner reported the Viacom appeal continues with a Motion for Summary Judgment pending. City Council asked the Attorney's Office to extend an offer to Viacom to buy out all of their billboard rights in the City of Glendale. There has been no response to that offer. Mr. Flenner stated the case heard at the last Board meeting has been appealed by Councilmember Eggleston. Mr. Jacobs announced Boardmember Giarrusso had submitted his resignation due, in part at least, to the harassment he received after last month's meeting. Mr. Flenner said the situation emphasizes the potential need to have security personnel available for the Board meetings. Chairperson Ward called for Board Comments and Suggestions. No comments were made. As there was no further business, the meeting was adjourned at 9:00 p.m. // Sally elling, RecordeSecretary