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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 7/8/2004 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, JULY 8, 2004 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by Vice-Chairperson Dietzman,with the following members and representatives present: BOARDMEMBERS PRESENT: Carl Dietzman,Vice-Chairperson Tommie Beck Moe Gallegos Yvonne Knaack Michael Schroth BOARDMEMBERS ABSENT: Douglas Ward, Chairperson CITY STAFF: Ray Jacobs, AICP, Zoning Administrator Jim Flenner, Assistant City Attorney Tabitha Perry, Planner Sally Melling, Recording Secretary Vice-Chairperson Dietzman 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. Vice-Chairperson Dietzman called for approval of the June 10, 2004 minutes. Boardmember Gallegos made a MOTION to APPROVE the minutes from the June 10, 2004 meeting. Boardmember Knaack SECONDED the MOTION. The motion PASSED by a vote of 4-0-1 (Boardmember Schroth abstained). Vice-Chairperson Dietzman called for Business from the Floor. There was none. Vice-Chairperson Dietzman asked staff if there were any requests for withdrawals or continuances. There were none. Vice-Chairperson Dietzman called for public hearing items. July 8, 2004 Board of Adjustment Page 2 APPLICATION NO.: VAR04-09 REQUEST: A request by Cook Associates Architects, Inc. representing GRM Homes LLC for two variances: 1) To reduce the east side yard setback to 10 feet where 15 feet of side yard setback is required; and 2) To reduce the west side yard setback to 3 feet where 15 feet of side yard setback is required. The property is located at 5314 West State Avenue and zoned R-2 (Mixed Residence). Staff Contact: Tabitha Perry(Ocotillo District). Ms. Perry presented the application, reviewing the site and request. Doug Licciani, applicant's representative, explained the subject property is an older property and the existing structure was only half-built. He said they filed the variance request in an attempt to bring the property back to the standards that existed when lots in the area were originally developed. He stated they are developing a 1,100 square foot house and a carport. He confirmed the applicant sent notification letters and has received no negative comments concerning the project. Boardmember Beck commented on the eyesore the existing half-structure creates, stating anything the applicant does to the structure will be an improvement. Boardmember Gallegos asked if the existing structure is out of compliance. Ms. Perry responded yes. Boardmember Schroth asked if the property was previously approved for a three-foot setback. Mr. Jacobs explained a three-foot setback represents the minimum allowed by fire code. Boardmember Knaack asked if the original structure will be gutted. Mr. Licciani explained a new footing will be constructed and the inside of the structure will be gutted. Boardmember Beck asked if the house will have a two-car garage or a carport. Mr. Licciani said it has been designed as a carport that could be enclosed. Vice-Chairperson Dietzman opened the meeting for public comment on this case. Jose Mendoza, 5318 West State Avenue, Glendale, said he does not have a problem with the house as long as it is moved into the proper place. Boardmember Knaack asked if the prior owner attempted to get a variance. Mr. Mendoza responded yes, stating a request was submitted and denied sometime during the 1980's. Mr. Mendoza confirmed for Boardmember Schroth that the setback is three feet from his property line, but that the roof overhang falls on the property line. Boardmember Schroth asked July 8, 2004 Board of Adjustor ent Page 3 Mr. Mendoza if the ever had a licensed surveyor conduct a survey of his property. Mr. Mendoza answered yes. Mr. Mendoza clarified for Boardmember Gallegos that he objects to the location of the existing building. He said if the original structure is moved, he does not have a problem with the applicant proceeding with his plans. Vice-Chairperson Dietzman asked if staff has any record of the original property owner's request for a variance. Ms. Perry responded no. She suggested the original property owner did not proceed with construction because he knew a variance would be required. Boardmember Gallegos said the pictures provided by Mr. Mendoza do not support the claim in staffs report of 'a three-foot setback. Mr. Jacobs explained staff relies on the applicant to provide accurate information. Boardmember Gallegos agreed the proposed project represents an improvement over the existing eyesore. Boardmember Schroth asked if three feet is the minimum setback allowed. Mr. Jacobs said three feet is typically the minimum setback permitted by Building Safety and Fire Codes. He pointed out the zoning ordinance measures a setback to the wall of a structure, not the roofline. Vice-Chairperson Dietzman asked Mr. Licciani how the applicant arrived at a three-foot setback. Mr. Licciani stated they have not yet conducted a survey, explaining they measured the property from the fence along the west property line to the fence along the east property line to ensure it measured 50 feet., He said they then measured the setback from the fence along the east property line. Vice-Chairperson Dietzman expressed his opinion the case should be continued until the setback can be accurately measured and any discrepancies resolved. Boardmember Gallegos asked Mr. Mendoza why he waited until now to raise a concern. Mr. Mendoza said he' assumed the existing structure would be torn down and reconstructed. Ms. Perry noted the notification letters from the applicant and staff explained the applicant's intent to expand the house She stated Mr. Mendoza's concern is the first negative response received and his appearance at.this meeting the first that staff had heard of any objections. Vice-Chairperson Dietzman closed the public hearing. Boardmember Beck made a MOTION to CONTINUE VAR04-09 until such time as the property is surveyed. Boardmember Schroth SECONDED the MOTION. Vice-Chairperson Dietzman opened the floor to discussion. No comments were made. Vice-Chairperson Dietzman called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. July 8, 2004 Board of Adjustment Page 4 Mr. Licciani asked if, rather than continuing the case, the request could be approved subject to the site plan dated May 25, 2004 which sets forth 10 foot and 3 foot setbacks. Vice Chairperson Dietzman asked Mr. Mendoza if he would be agreeable if the applicant agrees to move the building to a three foot setback if it is later found the structure lies within three feet of his property line. Mr. Mendoza responded yes. Vice-Chairperson Dietzman pointed out the survey could also find the fence was constructed in the wrong place and has to be moved. Boardmember Schroth made a MOTION to REOPEN VAR04-09 for possible vote. Boardmember Gallegos SECONDED the MOTION. Vice-Chairperson Dietzman opened the floor to discussion. No comments were made. Vice-Chairperson Dietzman called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. Boardmember Schroth made a MOTION to APPROVE VAR04-09 accepting the site plan dated May 25, 2004, following the guidelines of 10 foot and 3 foot setbacks within that site plan, and requiring that a survey be conducted on the property. Boardmember Beck SECONDED the MOTION. Vice-Chairperson Dietzman opened the floor to discussion. No comments were made. Vice-Chairperson Dietzman called for a Roll Call Vote. The MOTION PASSED by a vote of5to0. Vice-Chairperson Dietzman called for Other Business. There was none. Vice-Chairperson Dietzman called for the Planning Staff Report. No report was made. Vice-Chairperson Dietzman called for Board Comments and Suggestions. No further comments were made. As there was no further business, the meeting was adjourned at 7:57 p.m. oticYv)-va0-mc5- 6cit Sally Melling,Recording Secretary ( ' J