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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/9/2004 • MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, SEPTEMBER 9, 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 Moe Gallegos Yvonne Knaack Michael Schroth BOARDMEMBERS ABSENT: None. CITY STAFF: Ray Jacobs, AICP, Zoning Administrator Jim Flenner, Assistant City Attorney Tabitha Perry,Planner Eric Johnson, Associate Planner Karen Stovall, Associate Planner Lynn Crance, 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 July 8, 2004 minutes. Boardmember Schroth made a MOTION to APPROVE the minutes from the July 8, 2004 meeting. Vice Chairperson Dietzman SECONDED the MOTION. The motion PASSED by a vote of 6-0. Chairperson Ward called for Business from the Floor. There was none. September 9, 2004 Board of Adjustment Page 2 Chairperson Ward asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Ward called for public hearing items. APPLICATION NO.: VAR04-08 REQUEST: A variance request by Phil Georghiou to reduce the east side yard setback to 7 feet where 15 feet is the minimum required in the SR-17 (Suburban Residence) zoning district. . The property is located at 6422 West Villa Theresa Drive. Staff contact: Tabitha Perry (Sahuaro District). Ms. Perry presented the application, reviewing the site and request. Boardmember Beck asked if the area is enclosed. Ms. Perry explained a gate exists,but the sides and back are not enclosed. Mr. Phil Georghiou, Applicant, approached the podium and offered to answer questions. Chairperson Ward asked Mr. Georghiou if there is other construction similar in nature in the neighborhood. Mr. Georghiou said there are several similar additions in his neighborhood. He explained that the area is intended to house vehicles and for entertaining when friends and family visit. Chairperson Ward asked if the construction includes the covered patio. Mr. Georghiou responded no, stating the covered patio was pre-existing. He explained that the roofline sits back about three feet from the existing roofline. He distributed photographs to the Commissioners. Commissioner Schroth asked when the carport was built. Mr. Georghiou responded June or July 2003. Boardmember Schroth asked Mr. Georghiou if he was aware of the city's procedures for constructing the carport. Mr. Georghiou said he was not aware a permit was necessary, noting that several of his neighbors constructed metal carports without obtaining permits. Boardmember Gallegos asked Mr. Georghiou if he built the carport himself. Mr. Georghiou responded yes, noting that several of his neighbors helped. Boardmember Gallegos commented that Mr. Georghiou's neighborhood is beautiful. He thanked the applicant for the photographs, stating he agrees the structure is similar in nature to other structures in the neighborhood. Boardmember Beck asked if electricity runs to the carport. Mr. Georghiou responded no. In response to Boardmember Schroth's question, Mr. Georghiou explained that the lot narrows as it goes back, with the front footing being eight feet from the fence and the back footing being seven feet from the fence. September 9, 2004 Board of Adjustment Page 3 Chairperson Ward asked Mr. Jacobs how many homes in the neighborhood have similar side yard setbacks. Mr. Jacobs said 10-foot setbacks are very common in the neighborhood. Boardmember Beck noted that he drove through the area and noticed several close setbacks, including one house with a 5-foot side yard setback. He said, given the nice job the applicant did on the carport, he believes a 8-foot setback is appropriate. Boardmember Schroth asked if the neighborhood has a homeowners association. Mr. Georghiou answered no. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Beck made a MOTION to APPROVE VAR04-08, subject to the stipulations recommended by staff. Boardmember Deitzman SECONDED the MOTION. Chairperson Ward opened the floor to discussion. No comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-12 REQUEST: A request by Robert and Merry Middlemist for variances to reduce the front yard setback to 60 feet where 75 feet is required and to reduce both side yard setbacks to 25 feet where 50 feet is required in the in the A-1 (Agricultural) zone district. The purpose of the variance is to allow the construction of a new single-family house. The property is located at 23180 North 67th Avenue. Staff Contact: Karen Stovall (Cholla District). Ms. Stovall presented the application, reviewing the site and request. Boardmember Gallegos asked if the variances would be necessary if the property were zoned RR-45. Ms. Stovall said no. Chairperson Ward asked if all lots in the general area are zoned A-1. Ms. Stovall responded yes. She confirmed that the subdivision to the west of the subject property is zoned SR-12. Boardmember Dietzman asked if the lot next to the applicant's property is zoned A-1. Ms. Stovall answered yes. Boardmember Knaack asked why the applicant is requesting a front yard setback. September 9, 2004 Board of Adjustment Page 4 Mr. Robert Middlemist, Applicant, approached the podium. He noted that he has signed the easement he and his neighbors were asked to sign for the private road that has been located in front of their properties since 1974. He clarified that a front yard variance is not necessary; stating he will withdraw that component of his request. He commented on how difficult it was to find property in Glendale, noting it took over seven months. He said that staff informed him from the beginning that rezoning would not be looked upon favorably. He explained the situation in which he finds himself is not necessarily his fault, stating the zoning was designed for 10 to 30 acres without sewer and water. He said the survey showed the property's side yard setbacks to be 25 feet and he was many months into the project before he discovered that the measurements on the survey were wrong. He stated that there is actually 50 feet of easement setback area and only 65 feet to build on. He said he would rather not re-orient the house because it would result in an east/west exposure and ruin the remaining vacant land. He stated that all of his neighbors are supportive of his request and understanding of his situation. He assured the Board that the situation was not created intentionally. Mr. Middlemist confirmed for Boardmember Schroth that he is willing to have a minimum 75- foot front yard setback. He clarified that the road easement is located on the south side of his property. Boardmember Dietzman asked if one side of the house will have a driveway to access the rear of the property. Mr. Middlemist responded yes, noting the driveway could be shortened if a street is constructed to the west of his property. He explained that he placed the garages in the back of his property because the 18-foot garage doors are somewhat ugly. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Dietzman made a MOTION to APPROVE VAR04-12 Variance No. 2, subject to the stipulations recommended by staff. Boardmember Gallegos SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward said Mr. Middlemist worked hard to adapt to a difficult site. No additional comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. The meeting recessed for a short break. September 9, 2004 Board of Adjustment Page 5 APPLICATION NO.: VAR04-16 REQUEST: A request by Charyn Palmisano, who represents Curtis Smith for a variance to reduce the required side yard setbacks to 5 feet on the west and 10 feet on the east where 15 feet is required in the R-2 (Mixed Residence) zone district. The purpose of the variance is to construct a new single-family house. The property is located at 5516 West Gardenia Avenue. Staff Contact: Karen Stovall (Ocotillo District). Ms. Stovall presented the application, reviewing the site and request. Ms. Charyn Eirich-Palmisano, on behalf of Curtis Smith, Applicant, approached the podium to explain that the city's Community and Revitalization Department receives funding through Community Block Grant Funds for home investment projects. She said the applicant's house is dilapidated to the point of being inhabitable. She stated, through the city's Replacement Housing Program, the city will demolish the existing house and build a new home, noting the applicant will also be provided with housing during the entire process. She said the program helps provide stability for the neighborhood and allows fair and affordable housing to continue in the City of Glendale. Boardmember Beck agreed that the house is in very bad shape, stating Ms. Eirich-Palmisano's department should be commended for their efforts on Mr. Smith's behalf. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Gallegos made a MOTION to APPROVE VAR04-16, subject to the stipulation recommended by staff. Boardmember Knaack SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward stated it is exciting to see older areas of the city being revitalized. He noted homes with similar side yard setbacks are common in that area of the city. Boardmember Knaack commented that she would like to see the Community and Revitalization Department bring more of these types of requests to the Board. No additional comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. September 9, 2004 Board of Adjustment Page 6 APPLICATION NO.: VAR03-15 REQUEST: A request by Marc Petein for a variance to allow an accessory structure side yard setback of 2 feet, 4 inches where 8 feet is required in the SR-30 (Suburban Residence) zoning district. The property is located at 13849 North 65th Avenue: Eric Johnson (Sahuaro District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Beck asked what is located east of the property. Mr. Johnson confirmed for Boardmember Dietzman that a driveway exists along the south side of the garage. Mr. Marc Petein, Applicant, approached the podium and offered to answer questions. He explained that the guesthouse is attached to the garage, but both are separate from the house. Boardmember Beck asked Mr. Petein if he and his contractor discussed where to put the structure. Mr. Petein responded no, stating the contractor had done work for him previously and was trusted. He said the work was completed while he was out of the country and it was not until his house burned down that he found out the necessary permits had not been obtained. He clarified that he and the contractor talked about the structure and where it should be located, but they had not discussed placing the structure where it was ultimately located. Boardmember Beck asked if there are any structures east of the spa. Mr. Petein responded no. Boardmember Beck suggested a viable solution would have been to face the structure north or south in that area. Mr. Petein expressed his opinion that the structure is more discreet in its current location. Boardmember Schroth asked if any consideration was given to placing the structure on a diagonal? Mr. Petein explained he uses his RV on a regular basis and it would require a lot of difficult maneuvering if the structure was placed on the diagonal. Mr. Petein confirmed for Boardmember Schroth that he knew the structure would be built while he was out of the country. Chairperson Ward opened the meeting up for public comment on this case. Brad and Maria Wilcox explained they live directly north of the applicant's property. Ms. Wilcox said they fully support the applicant's request and feel the structure looks very nice. Mr. Wilcox noted that a number of residents in the neighborhood have disregarded the city's rules. He said the structure is not bothering anyone and does not detract from the neighborhood. Ms. Wilcox pointed out that the lots in the neighborhood are all quite large. September 9, 2004 Board of Adjustment Page 7 Chairperson Ward asked Mr. and Mrs. Wilcox if they can see the structure from their house? Ms. Wilcox said only if you try. She explained the lots are very large and they have 40 to 50 trees in their yard. Chairperson Ward closed the public hearing. Boardmember Schroth made a MOTION to APPROVE VAR03-15, subject to the stipulations recommended by staff. Boardmember Deitzman SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Gallegos said he appreciates the applicant coming in to correct the situation and all of the effort and thought that went into the aesthetic aspects of the structure. No additional comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 2 (Boardmembers Dietzman and Beck voted nay). APPLICATION NO.: VAR04-10 REQUEST: A request by John Sersch for a variance to increase the maximum aggregate wall sign area permitted from 200 square feet to 504 square feet in the C-3 (Heavy Commercial) zone district. The property is located at 5214 Northwest Grand Avenue. Staff Contact: Eric Johnson (Ocotillo District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Beck asked if they are talking about the size of the existing wall signs. Mr. Johnson responded yes. Boardmember Beck asked what is the size of the add-on sign? Mr. Johnson said approximately 19 square feet. Boardmember Schroth asked if the add-on sign will be limited to saying "Sales". Mr. Johnson answered yes. Boardmember Dietzman asked if the signs will be lit and, if so, will they remain lit late at night? Mr. Johnson said the signs are lit on the interior. Boardmember Gallegos asked if the "Sales" sign is in proportion to the other signs. Mr. Johnson said the add-on sign is somewhat smaller than the existing signs. Chairperson Ward noted that all of the signs fall outside what is allowed by the city. He asked if the city previously granted a variance for the existing signage? Mr. Johnson said, while all of the signs together exceed what is allowed, no previous variance was granted for the signage. September 9, 2004 Board of Adjustment Page 8 Chairperson Ward asked if the applicant has been cited? Mr. Jacobs said the applicant is aware that the signage was installed without a permit. Chairperson Ward said most businesses do not have as many different exposures. Mr. Jacobs agreed, stating that Grand Avenue creates unique parcels. In response to Boardmember Schroth's question, Mr. Johnson said there are no other buildings similar in size or nature in the area with a comparable amount of signage. Mr. Jacobs pointed out that there are significant numbers of non-conforming signs related to auto dealerships. Boardmember Schroth asked if Sand's Chevrolet has similar signage. Mr. Jacobs said no, explaining they are more focused on freestanding and monument signs. Boardmember Gallegos stated that the buildings are massive and the signs seem appropriate. Mr. John Sersch, Applicant, approached the podium to answer any questions. He said the signs will be illuminated in the evening, explaining people will be able to drop their cars off at night to be repaired and some employees are onsite 24-hours a day. He clarified that he was not the contractor that installed the existing signs, noting he has been working with the Registrar of Contractors to fine the person who installed the signs without a permit. He expressed his opinion that the "Sales" sign is needed given the size of the building. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Knaack made a MOTION to APPROVE VAR04-10, subject to the stipulations recommended by staff. Boardmember Schroth SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Beck agreed that a building of this size warrants larger signs. Boardmembers Knaack and Schroth agreed with the proportions of the signs and stated they are appropriate. No additional 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 Other Business. Mr. Jacobs said he does not expect the new member to be on board by the next meeting. He stated the November meeting dated falls on a holiday; therefore, the meeting has been vacated on the schedule. He pointed out the Commission has the option of scheduling a special meeting for another date. September 9, 2004 Board of Adjustment Page 9 Chairperson Ward called for the Planning Staff Report. No report was made. Chairperson Ward called for Board Comments and Suggestions. No further comments were made. As re was no f her business, the meeting was adjourned at 9:00 p.m. 44 CCRn y n rance, Recording Secretary