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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 5/13/2004 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, MAY 13, 2004 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 Michael Schroth BOARDMEMBERS ABSENT: Carol Marx 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. He pointed out an affirmative vote of four of the five members present will be required for a variance to be approved. Chairperson Ward called for approval of the April 8, 2004 minutes. Boardmember Schroth made a MOTION to APPROVE the minutes from the April 8, 2004 meeting. Boardmember Dietzman 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. May 13, 2004 Board of Adjustment Page 2 APPLICATION NO.: VAR04-01 REQUEST: A request by Mr. Bill Cole for three variances. 1) Reduce the side yard setback to 10 feet where 50 feet is required. 2) Reduce the rear yard setback to 8 feet where 50 feet is required. 3) Increase the lot coverage to 28 percent where a maximum of 10 percent is permitted. The property is located at 5211 West Waltann Lane and zoned A-1 (Agriculture). Staff Contact: John R. Verdugo (Sahuaro District). Mr. Verdugo presented the application, reviewing the site and request. He asked that lot coverage in request#3 be amended to 26% from 28% as previously requested. In response to Chairperson Ward's question, Mr. Verdugo confirmed the existing building is located on an eight-foot setback. He said the applicant does not want to encroach on the trail area. Boardmember Beck asked about the exterior of the building. Mr. Verdugo said he has not yet seen any plans; however, they would have to be approved by the city's Design Review team. Boardmember Beck expressed concern the exterior of the building will be similar to the plain wood exterior of the existing storage shed. Mr. Verdugo assured Boardmember Beck staff would do whatever necessary to ensure that does not happen. Bill Cole, applicant, clarified the exterior finish on the building will be concrete cinder block on the shop and office and finished aluminum siding on the storage area. He explained the existing storage shed was built when the original building was constructed and was intended to be used as a shade for horses. He said the property is only 109 feet wide, therefore two 50-foot setbacks would only allow for a 10 foot wide building. He stated he will construct a three-car garage, which is consistent with the rest of the neighborhood. He said he does not intend nor does he believe he has alienated any of his neighbors, noting one of his neighbors plans to do similar improvements. Mr. Schroth asked about the structure in the middle of the open space. Mr. Cole explained the structure is a tuff-shed which will be removed. Boardmember Iwanski asked Mr. Cole if he has any objection to working with the city's Design Review staff. Mr. Cole responded no. Mr. Cole confirmed for Boardmember Dietzman that he will not be running a business out of his office. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the opportunity for public input. May 13, 2004 Board of Adjustment Page 3 Boardmember Dietzman made a MOTION to APPROVE VAR04-01 subject to the Site Plan dated January 14, 2004 and the 26 percent lot coverage as amended. Boardmember Schroth SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward expressed his opinion the request meets all of the required findings. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. APPLICATION NO.: VAR04-03 REQUEST: A request by Mr. Gary King for five variances. 1) To reduce the north side yard setback to zero feet where 15 feet is required. 2) To reduce the south side yard setback to 10 feet where 15 feet is required. 3) To reduce the number of parking spaces provided to 20 spaces where 35 parking spaces are required. 4) To increase the floor area ratio to .75 where a maximum of .3 is permitted. 5) To reduce the landscaped area to 12 percent where 20 percent is required. The property is located at 7020 North 56th Avenue and zoned C-2 (General Commercial). Staff Contact: John R. Verdugo (Ocotillo District). Mr. Verdugo presented the application,reviewing the site and request. Boardmember Beck asked if there will be a pass-through between the buildings. Mr. Verdugo said he and the applicant have discussed that option. Boardmember Beck asked if there will be adequate parking. Mr. Verdugo said whether or not additional parking spaces will be necessary will depend on the user. He said, however, staff believes there are adequate on-street spaces and public parking lots available in the immediate area. Gary King, applicant, explained the site was master-planned in the mid-1980's and the original building and parking lot along the east side were constructed at that time with the concept it would be mirrored over. He said the current owner needs additional space, noting they have arranged to use parking spaces on lots to the east for overflow parking if necessary. He expressed his opinion the building is one of the cleanest in the downtown area, stating the proposed building will follow and enhance that character. Boardmember Dietzman asked if there will be thru-way access along the 10-foot landscape area to the south. Mr. King said the landscaping will make it difficult for people to get through; however, they could fence the area if the Board prefers. May 13, 2004 Board of Adjustment Page 4 Boardmember Schroth asked about the trash enclosure. Mr. King said the enclosure is currently located in the alley and shares one of the parking spaces with a utility pole. He said they will work with staff on screening. Boardmember Schroth asked about the width of the parking spaces. Mr. King said they will be the standard width. In response to Boardmember Iwanski's question, Mr. King expressed his opinion parking will not be an issue. He said, however, they will make arrangements with the adjacent property owners should additional parking be necessary. Mr. Verdugo suggested the applicant's client allow other businesses to use their parking when their building is not in use. Chairperson Ward pointed out 56 notices were mailed and no responses were received. Chairperson Ward opened the meeting up for public comment on this case. Faith Simon, 4536 West Echo Lane, Glendale, said she supports the project and is not concerned about the parking because of the new parking lot the city has proposed. She said, however, she is concerned about homeless people sleeping in the dark area between the buildings. Chairperson Ward closed the public input opportunity. Boardmember Schroth asked if security lights could be installed to allay concerns about the dark areas. Mr. King said they will work with staff to ensure they meet all lighting requirements. He said they do not want to install lighting that would disrupt evening events, but they recognize security is an issue. Chairperson Ward asked if a fence would help secure both sides of the property. Mr. King said he is open to installing either a fence or lighting, whichever is deemed most appropriate. Mr. Flenner advised it is premature to discuss fencing and lighting issues, stating those items will be addressed during the design review process. Boardmember Dietzman made a MOTION to APPROVE VAR04-03 subject to the site plan date stamped March 17,2004. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Dietzman stated he likes the plan; however, he is concerned about security. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. May 13, 2004 Board of Adjustment Page 5 APPLICATION NO.: VAR04-05 REQUEST: A request by Mr. Manuel Hernandez for two variances. 1) To reduce the east side yard setback to 5 feet where a 15- foot side yard setback is required. 2) To reduce the west side yard setback to 10 feet where a 15-foot side yard setback is required. The property is located at 5443 West Gardenia Avenue and zoned R-2 (Mixed Residence). Staff Contact: John R. Verdugo (Ocotillo District). Mr. Verdugo presented the application, reviewing the site and request. Manuel Hernandez, applicant, expressed his opinion 15 foot setbacks on a 50 foot lot are excessive. He said their proposed setbacks will fit in with the neighborhood and provide ample space for a house. Boardmember Beck commented the lot is very much in need of improvement. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the chance for public input. Boardmember Schroth made a MOTION to APPROVE VAR04-05 subject to the site plan date stamped February 17,2004. Boardmember Beck 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 0. Chairperson Ward called for Other Business. There was none. Chairperson Ward called for the Planning Staff Report. Mr. Jacobs noted a new member should be joining the Board in June. He said Ms. Marx will be moving to the Housing Commission and a new member will be appointed in her stead. Mr. Flenner reported Timothy Schwartz filed a Petition for Special Action in Superior Court to review the Council's approval of the Board's decision to deny his variance. He said, however, Mr. Schwartz failed to serve a copy on the Clerk. He said one of the city attorneys will go down on the hearing date and point out Mr. Schwartz failed to serve the Clerk and argue his case has no bearing since he never before raised the issue of the Board hearing being an unfair proceeding. Boardmember Beck made a MOTION to VACATE the August meeting. Boardmember Iwanski SECONDED the MOTION and the motion passed unanimously. May 13, 2004 Board of Adjustment Page 6 Chairperson Ward called for Board Comments and Suggestions. No further comments were made. As there was no further business, the meeting was adjourned at 8:10 p.m. // c J Sally "-ing, Recording `cretary