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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/14/2004 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, OCTOBER 14, 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 David Gordon, City Attorney Eric Johnson, Planner Karen Stovall, Planner Maryann Pickering, AICP, Planner Sally Melling, Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. Chairperson Ward called for approval of the September 9, 2004 minutes. Boardmember Schroth made a MOTION to APPROVE the minutes from the September 9, 2004 meeting. Boardmember Gallegos SECONDED the MOTION. The motion PASSED by a vote of 6 to 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. October 14, 2004 Board of Adjustment Page 2 Chairperson Ward called for public hearing items. APPLICATION NO.: VAR04-23 REQUEST: A variance request by Jeff DeHart, of K&I Architects and Interiors representing 51St Olive Development Investors, LLC for a setback variance in the C-2 (General Commercial) zoning district. The request is to reduce both side yard setbacks to 5 feet where 15 feet is required in the C-2 (General commercial) zoning district. The property is the former Mobile gas station at the northwest corner of 51st and Olive Avenues (5102 West Olive Avenue). Staff Contact: Maryann Pickering (Barrel District). Ms. Pickering presented the application, reviewing the site and request. Chris Myers, applicant's representative, reiterated the developer's request is a reasonable size building for commercial development and reworking the site is not an option. He offered to answer questions. Boardmember Beck asked if there is a plan for the vacant McDonald's building. Mr. Myers explained the developer does not own that building. Boardmember Beck asked what kind of business is expected to open in the building when construction is finished. Mr. Casil Libman, Lexon Developers, said they typically create small suites for small professional businesses, such as tax preparers, Subway sandwich shops, insurance agencies, and so forth. Mr. Myers noted the applicant has developed a number of small sites similar to the subject site around the city. He said their approach is always to do the best they can within the limitations placed upon them by the cities. Boardmember Beck asked if it would be possible to lower the property to put it in line with the rest of the shopping center. Mr. Myers responded no. Vice-chairperson Dietzman asked if the in-ground gas tanks will be removed. Mr. Myers stated they have already been removed. Ms. Pickering noted Westwood Financial owns the McDonald's site and plans to demolish the building to provide additional parking in the shopping center. 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 VAR04-23, subject to the stipulation recommended by staff. Boardmember Beck SECONDED the MOTION. October 14, 2004 Board of Adjustment Page 3 Chairperson Ward opened the floor to discussion. Chairperson Ward stated it is nice to see difficult sites resurrected and restored. Boardmember Beck asked if there will be access from the applicant's property into the Fry's parking lot. Chairperson Ward stated the elevation change will require drivers to access the Fry's parking lot from the street. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-13 REQUEST: A request by Frank Carrizoza for a variance in the R-3 (Multiple Residence) Zoning District to allow a 5- and 10- foot side yard setback and 10 foot rear setback where 20 feet is required. The property is located at 6534 North 53rd Drive. Staff Contact: Eric Johnson (Ocotillo District). APPLICATION NO.: VAR04-14 REQUEST: A request by Frank Carrizoza for a variance in the R-3 (Multiple Residence) Zoning District to allow a 5- and 10- foot side yard setback and 10 foot rear setback where 20 feet is required. The property is located at 6536 North 53rd Drive. Staff Contact: Eric Johnson (Ocotillo District). Mr. Johnson presented the applications, reviewing the sites and requests. Mr. Johnson confirmed for Boardmember Beck that there will be an access easement between the two properties and there is an alley to the west of 6536 North 53rd Drive. Vice-chair Dietzman asked about the lot depths. Mr. Johnson stated each lot measures 70 feet deep by 50 feet wide. He stated the applicant proposes placing one home on each property. Boardmember Gallegos asked if the alley goes behind the second lot. Mr. Johnson explained the alley goes on the west side of 6536 and 53rd Drive is on the east side of 6534. He confirmed the only access to the property in the rear is currently through the alley; stating, however, one of staff's recommended stipulation requires an access easement be provided along one of the sides of the property to provide access to the rear property from 53rd Drive. Frank Carrizoza, applicant, explained his father owns the property and plans to build one home on each lot. He stated architectural plans for each site have not yet been developed. He offered to answer questions. October 14, 2004 Board of Adjustment Page 4 Vice-chair Dietzman asked if it is normal in the neighborhood to have two homes on one property. Mr. Carrizoza said there are similar situations within the area. Mr. Carrizoza, Sr. stated all of the properties to the north are divided into two lots. Mr. Carrizoza, Sr. confirmed for Boardmember Knaack that the property in the rear will have access from the alley as well as a public easement from 53rd Drive. Vice-chair Dietzman asked the applicant what size home they intend to build on the lots. Mr. Carrizoza said the size of the homes will be dependent upon what the city allows. Boardmember Schroth estimated the building envelope to be 35'x40'. Chairperson Ward opened the meeting up for public comment on this case. Minnie Van Waters, 3005 West Villa Theresa, Phoenix, explained her mother owns the property to the south. She said there is not a lot of space between the applicant's lot and her mother's house and she asked that the applicant's house not be placed too close to her mother's. She also expressed concern the properties will be developed for multi-family. She noted only two other lots in the neighborhood are divided in half. Boardmember Beck asked Ms. Van Waters how close is her mother's house to the property line. Ms. Van Waters responded five feet. Mr. Johnson said the applicant's request for five and ten foot setbacks could be flipped from one side to the other to create a larger separation between the homes. He clarified the size of the lots only allow a density of a single family home. Boardmember Schroth asked if the owner to the north would have the same issue if the setbacks were flipped. Lydia Landavaso, 4402 South 36th Avenue, Phoenix, submitted a card asking to address the Commission, but, when asked, indicated all of her questions had been answered. Mr. Carrizoza stated the setbacks could be flipped, noting the property owner to the north is his aunt. He assured the Commission and Ms. Van Waters the properties will be developed with single family homes. In response to Boardmember Gallegos' question, Mr. Johnson explained the property to the south is 140 feet in depth, whereas the properties to the north have all been split in half. Vice-chair Dietzman asked if a relative also owns the property to the north on 53rd Drive. Mr. Carrizoza responded no. Vice-chair Dietzman asked if flipping the setbacks would create a problem for the neighbor to the north on 53rd Drive. Mr. Jacobs stated the property owner was notified but has not responded. He said, since the properties to the north already have five foot setbacks, he does not foresee giving the applicant a five foot setback being a problem. Boardmember Schroth said if he were the homeowner he would be upset if a five foot setback was approved when a 10 foot setback was presented. October 14, 2004 Board of Adjustment Page 5 Chairperson Ward closed the public hearing. Boardmember Beck pointed out the homeowner to the north on 53rd Drive is most likely familiar with the five foot setbacks for the narrow lots. He said, therefore, he does not believe the five foot setback will be a problem. Chairperson Ward agreed. Boardmember Knaack made a MOTION to APPROVE VAR04-13, subject to the two stipulations recommended by staff. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Knaack expressed her opinion the applicant's project will improve the neighborhood. Boardmember Beck agreed. Boardmember Gallegos stated the applicant's request appears reasonable. Vice-chair Dietzman made a MOTION to AMEND the Motion to Approve VAR04-14, flipping the 10 foot setback to the south side of the property. Boardmember Gallegos SECONDED the MOTION. Vice-chair Dietzman stated he made the motion to amend out of consideration for Ms. Van Waters and Ms. Landavaso's concerns. Boardmember Gallegos explained he seconded the motion only because the applicant agreed that flipping the setbacks would not be a problem. Boardmember Schroth said he supports the applicant's request as presented, but he is uncomfortable flipping the setbacks since the owner of the property to the north is not available to comment. Chairperson Ward pointed out flipping the setbacks will result in the access to the rear property being placed along the south side of the property, next to Ms. Van Water's mother's property. Chairperson Ward called for a Roll Call Vote. The MOTION to AMEND FAILED by a vote of 2 to 4 (Boardmembers Beck, Knaack, Schroth, and Ward voted nay). Chairperson Ward said he finds it exciting to drive through the applicant's neighborhood and see the homes that have been built since he has been on the Board, expressing his opinion they have helped beautify the neighborhood. Chairperson Ward called for a Roll Call Vote on the original motion. The MOTION PASSED by a vote of 6 to 0. October 14, 2004 Board of Adjustment Page 6 Boardmember Schroth made a MOTION to APPROVE VAR04-14, subject to the two stipulations recommended by staff. Boardmember Gallyos SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward again commented on how encouraging it is to see the efforts being made to upgrade the neighborhood. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-15 REQUEST: A request by Frank Carrizoza for a variance in the R-3 (Multiple Residence) Zoning District to allow a 5- and 10- foot side yard setback where 20 feet is required. The property is located at 6618 North 54th Avenue. Staff Contact: Eric Johnson (Ocotillo District). Mr. Johnson presented the application, reviewing the site and request. Frank Carrizoza, Applicant, explained their intention is to construct a single family home to sell or rent in the future. Boardmember Beck asked if the structure is restricted to being a single family residence. Mr. Johnson responded yes. Boardmember Beck asked if the house will be single or two story. Mr. Johnson stated the height limitation is 30 feet; therefore, the house could be two stories. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Gallyos made a MOTION to APPROVE VAR04-15, subject to the Site Plan date stamped April 8,2004. Vice-chair Dietzman SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Schroth stated it is great to see the neighborhood improving. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. October 14, 2004 Board of Adjustment • Page 7 APPLICATION NO.: VAR04-17 REQUEST: A request by Kelly Logan for a variance in the A-1 (Agricultural) Zoning District to allow an 8-foot side yard setback where 50 feet is required and increase the allowed lot coverage from 10 percent to 15 percent. The property is located at 13216 North 64th Drive: Staff contact: Eric Johnson (Sahuaro District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Knaack asked if the house ever had a garage. Mr. Johnson responded no. Boardmember Knaack pointed out all of the other houses have garages. Mr. Johnson agreed. Vice-chair Dietzman asked if an eight foot setback is common in the neighborhood. Mr. Johnson stated the eight foot north setback is not typical, but the other setbacks requested are typical for A-1 zoned properties. Mr. Johnson confirmed for Boardmember Gallegos that one of the neighbors who submitted a letter is located to the north where the eight foot setback would be located. He said the neighbor to the south also submitted a letter, noting both letters indicated no objection to the variance request. Kelly Logan, applicant, noted the address of the property is on 64th Drive. He confirmed for Boardmember Knaack that the house was constructed without a garage. He explained he is requesting the garage on the north side of the property because of the location of the existing driveway and septic system. He stated two-car garages and three-car carports are typical for the neighborhood. He explained the standard three-car garage ranges between 31 and 33 feet and his architect is requesting 32 feet. He said the addition to the rear will be used as in-law quarters, explaining he and his wife will be caring for his in-laws. Boardmember Schroth asked if the addition will match the house in style. Mr. Logan responded yes, stating they intend to modernize the house by adding a stucco façade. He stated the addition of the garage and a new hip and gable will change the roofline as well. Boardmember Gallegos asked Mr. Logan how long they have owned the house. Mr. Logan said they moved into the house at the end of August. Boardmember Beck commented Mr. Logan's neighbor who recently updated the façade of his house did a good job. Mr. Logan agreed, stating they intend to emulate their neighbor's overall façade. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. October 14, 2004 Board of Adjustment Page 8 Boardmember Schroth made a MOTION to APPROVE VAR04-17, subject to the stipulations recommended by staff. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward said, while he was initially concerned about the eight foot setback, he does not believe the applicant's encroachment on the property line will bother his neighbor. No additional comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-19 REQUEST: A request by Kerry Patterson of Quarles &Brady, Streich, Lang, LLP, representing Habitat for Humanity, for a variance in the R-3 (Multiple Residence) Zoning District to allow a 5- and 10-foot side yard setback where 20 feet is required. The property is located at 6742 North 54th Drive. Staff Contact: Eric Johnson (Ocotillo District). APPLICATION NO.: VAR04-20 REQUEST: A request by Kerry Patterson of Quarles &Brady, Streich, Lang, LLP, representing Habitat for Humanity, for a variance in the R-3 (Multiple Residence) Zoning District to allow a 5- and 10-foot side yard setback where 20 feet is required. The property is located at 6745 North 55th Drive. Staff Contact: Eric Johnson (Ocotillo District). Mr. Johnson presented the applications, reviewing the sites and requests. Kerry Patterson, applicant, explained Habitat for Humanity intends to construct single family homes on the lots. She offered to answer questions. Chairperson Ward asked if owners have been selected for the homes. Ms. Patterson said owners had not been selected as of the last time she spoke with the applicant. Boardmember Gallegos noted a house to the north was burned and has been abandoned and fenced off. He asked Ms. Patterson if she is aware of any plans for that property. Ms. Patterson responded no. Mr. Johnson pointed out that is not the only house in the neighborhood in a similar state. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. October 14, 2004 Board of Adjustment Page 9 Vice-chair Dietzman made a MOTION to APPROVE VAR04-19, subject to the Site Plan date stamped August 30, 2004. Boardmember Schroth SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Vice-chair Dietzman said he is pleased Habitat for Humanity obtained the lots and that the surrounding community is supporting their efforts. Chairperson Ward said the partnership between Habitat and the homeowners and the positive impact the homes have on a neighborhood are encouraging. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. Boardmember Knaack made a MOTION to APPROVE VAR04-20, subject to the Site Plan date stamped August 30,2004. Boardmember Schroth SECONDED the MOTION. Chairperson Ward opened the floor to discussion. No additional comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-21 REQUEST: A request by Kerry Patterson of Quarles & Brady, Streich Lang, LLP representing Habitat for Humanity, for a variance to reduce the side yard setbacks to 10 feet where 20-foot perimeter setbacks are required in the R-3 (Multiple Residence) zoning district. The purpose of the variance is to allow the construction of a new single- family house. The property is located at 7122 North 53rd Avenue. Staff Contact: Karen Stovall (Ocotillo District). Ms. Stovall presented the application, reviewing the site and request. Kerry Patterson, applicant, offered to answer questions. Boardmember Schroth asked if the two trees on the south side will remain. Ms. Patterson was unable to say, but offered to find out for the Board. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Boardmember Schroth made a MOTION to APPROVE VAR04-21, subject to the Site Plan date stamped August 30, 2004. Boardmember Gallyos SECONDED the MOTION. Chairperson Ward opened the floor to discussion. No additional comments were made. October 14, 2004 Board of Adjustment Page 10 Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-22 REQUEST: A request by Kerry Patterson of Quarles & Brady, Streich Lang, LLP representing Habitat for Humanity, for a variance to reduce the side yard setbacks to 4 feet where 15-foot perimeter setbacks are required in the R-2 (Multiple Residence) zoning district. The purpose of the variance is to allow the construction of a new single- family house. The property is located at 5606 West Myrtle Avenue. Staff Contact: Karen Stovall (Ocotillo District). Ms. Stovall presented the application, reviewing the site and request. Kerry Patterson, applicant, offered to answer questions. 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 VAR04-22, subject to the Site Plan date stamped August 30,2004. Boardmember Knaack SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Gallegos commented on the good works Habitat for Humanity does in the community. 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. There was none. Chairperson Ward called for the Planning Staff Report. Mr. Jacobs asked members to review the flyer for the Arizona Department of Commerce workshop and let him know if they are interested in attending. Chairperson Ward asked Ms. Melling to contact each of the Board members after they have had an opportunity to consult their calendars. Mr. Jacobs reminded members that the November meeting has been vacated. Chairperson Ward called for Board Comments and Suggestions. No further comments were made. October 14, 2004 Board of Adjustment Page 11 As there was no further business, the meeting was adjourned at 9:00 p.m. // //i!/ Sally i'`ling,Recording '. etary