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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/9/2004 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,DECEMBER 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 Tommie Beck Moe Gallegos Yvonne Knaack Michael Schroth BOARDMEMBERS ABSENT: Carl Dietzman, Vice-Chairperson CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, Assistant City Attorney Eric Johnson, Planner Sally Melling,Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. Chairperson Ward called for approval of the October 14, 2004 minutes. Boardmember Knaack made a MOTION to APPROVE the minutes from the October 14, 2004 meeting. Boardmember Schroth SECONDED the MOTION. The motion PASSED by a vote of 5 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. Chairperson Ward called for public hearing items. December 9, 2004 Board of Adjustment Page 2 APPLICATION NO.: VAR04-24 REQUEST: A request by Ramon Leon for a variance to reduce the front yard setback to 59 feet where 75 feet is required, reduce the west side yard setback to 27 feet where 50 feet is required, reduce the east side yard setback to 26 feet where 50 feet is required, and to increase the lot coverage to 13 percent where 10 percent is permitted in the A-1 (Agricultural) zoning district. The purpose of the variance is to allow room additions, a three-car attached garage, a pool ramada, and a shop in the rear yard. The property is located at 5390 West Wescott Drive. Staff Contact: Karen Stovall (Cholla District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Schroth asked what is the likelihood that right-of-way will be dedicated. Mr. Johnson said it is not known at this time when the right-of-way will be dedicated, but the city continues to improve the streets. Ramon Leon, applicant, said he contacted the city regarding sewer and found the residences between Union Hills and Wescott Drive, from 55th to 53rd Avenue are on septic tank. He stated he also contacted APS to determine his options with regard to utilities. He said the city indicated there was no intention to bring sewer down the road. He explained the addition will allow them to better use the house by adding two bedrooms and a living room. He stated the houses along the street vary in depth. Boardmember Beck asked if the 50 foot utility right-of-way will come out of the 59 foot front yard setback. Mr. Leon said only half of the 50 foot right-of-way for the road would come from his property. Boardmember Knaack asked Mr. Leon to comment on staff's recommendation that the front yard setback be 65 feet rather than the requested 59 feet. Mr. Leon said if they do not receive the variance he will be forced to destroy the house and rebuild 50 feet further back. Mr. Leon confirmed for Boardmember Schroth that, taking the right-of-way dedication into consideration, he would ultimately have a 34 foot front yard setback. He clarified the existing fence line is located on his property. Chairperson Ward asked what is the intention for the shop on the north side of the property. Mr. Leon explained the 30 x 50 foot garage will not have a bathroom or running water and will be used as a workshop where he and his sons will work on cars. Mr. Leon noted, while the other houses along Wescott have a minimum front yard setback of 75 feet, the two houses to the west have 20 to 30 foot setbacks. December 9, 2004 Board of Adjustment Page 3 Mr. Jacobs stated the house is in a unique area and the right-of-way dedication that will be made at some point in the future should not be included in the front yard setback. Boardmember Beck asked if the current request would meet all of the requirements without the need for a variance if the property was zoned SR 30. Mr. Jacobs said the front yard setback for SR 30 is 40 feet, whereas the applicant is essentially requesting 34 feet. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public comment opportunity. Boardmember Beck made a MOTION to APPROVE VAR04-24, subject to the Site Plan dated September 22,2004. Boardmember Gallegos SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Knaack expressed concern about the front yard setback, stating the house will be much closer to the street than the other homes once the right-of-way is dedicated. Boardmember Gallegos said, while he is somewhat concerned about the front yard setback, he believes the applicant's request is reasonable given that the setback requirement if the property, were zoned SR 30 would be 40 feet. Chairperson Ward stated, while the homes on Wescott are set back further than the applicant's house, other homes to the west are closer to the street. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. APPLICATION NO.: VAR04-26 REQUEST: A request by Mary Chandler for a variance in the R-3 (Multiple Residence) Zoning District to reduce the accessory structure setbacks from six (6) feet to two feet two inches (2'2") from the west property and three feet six inches (3'6") from the north property line and to reduce the building separation requirement of ten (10) feet to one and one half feet (1'6"). The property is located at 5110 West Wood Drive. Staff Contact: Eric Johnson (Sahuaro District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Beck asked if staff received any letters in opposition to the application. Mr. Johnson responded no, stating the neighbors, in general, are supportive. Chairperson Ward asked if the homes on the other side of the road have garages built on or near the property line. Mr. Johnson said the garages appear to meet the minimum three foot setback. December 9, 2004 Board of Adjustment Page 4 Chairperson Ward asked Mr. Johnson if he found other structures of similar size in the area. Mr. Johnson responded no, stating the majority fit within the city's accessory structure guidelines. Boardmember Beck agreed the garages on the south side of the street appear to be on the property line. He said the homes also seem to have considerably more storage space than the applicant's home. Mary Chandler, applicant, explained she moved from a large house and needs room to store stuff that she cannot fit in her house. She stated she selected the smallest shed that Lowe's will construct and assumed they would be familiar with the city's regulations. She assured the Board she would not have built the shed had she known it was against the city's regulations. Mr. Jacobs stated someone called to complain about the structure, but no letters in opposition to the structure were received during the public participation process. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the public input opportunity. Boardmember Knaack made a MOTION to APPROVE VAR04-26, subject to the Site Plan date stamped October 20, 2004. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 5 to 0. APPLICATION NO.: VAR04-25 REQUEST: A request by Cathy Campanaro for a variance in the SR- 12 (Suburban Residence) Zoning District to reduce the accessory structure building separation setback from ten (10) feet to two feet nine inches (2'9"). The property is located at 5504 West Marconi Avenue. Staff Contact: Eric Johnson (Sahuaro District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Beck asked Mr. Johnson what is located in the area north of the carport to the back wall. Mr. Johnson said there appears to be a pool and shed, however, he does not know the specifics of what is located behind the fence. Cathy Campanaro, applicant, explained they built the structure after her son's vehicle was broken into and her vehicle was stolen. She said they also installed a wrought iron fence with cedar slats. December 9, 2004 Board of Adjustment Page 5 Boardmember Knack pointed out the gate, not the carport, secures the vehicles. Ms. Campanaro agreed, stating they hoped the carport would help protect the cars from the sun and weather. Tony Campanaro pointed out their cars have also been shot with paint pellets. Boardmember Schroth asked what the distance is between the corner wall that fronts 55th Avenue and the chain link fence. Ms. Campanaro was unable to say. Ms. Campanaro explained the carport could not be placed to the rear of the home because they have a bridle path, horses, and cars that drive through the back yard. Boardmember Beck asked what is between the garage and north corner of the house. Ms. Campanaro said the laundry room and master bedroom. She stated there is not sufficient room to park directly behind the garage. Boardmember Gallegos asked the applicants if they were aware at the time they built the carport that a permit would be necessary. Mr. Campanaro said before he built the structure he contacted the city and asked if a permit would be necessary. He stated the person he spoke with indicated a permit was not necessary. Boardmember Gallegos asked how the carport is secured to the ground. Mr. Campanaro said it is mounted onto the concrete. Mr. Jacobs explained the city has problems with freestanding structures that are insufficiently secured and do not resemble the façade of the house. 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 VAR04-25, subject to the two stipulations recommended by staff. Boardmember Gallegos SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Schroth asked if the roof could be painted to blend in with the house. Boardmember Beck asked if the structure could be enclosed in the future if approved as proposed. Boardmember Knaack commented on the quality of the structure, stating, however, it would have been better if it blended in better with the house. Boardmember Gallegos said he is glad to know the structure is anchored. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 1 (Chairperson Ward voted nay). December 9, 2004 Board of Adjustment Page 6 APPLICATION NO.: VAR04-11 REQUEST: A request by David Friedberg, representing Gerald Davidson, for a variance in the C-2 (General Commercial) Zoning District to allow: 1) a reduction of the required landscaping from 20 percent to 10 percent; 2) a reduction of the required parking from 10 spaces to 6 spaces; 3) an increase of the allowed Floor Area Ration (FAR) from .3 to .33; 4) A reduction of the side setback (south) from 60 feet to 11 feet; 5) a reduction of the side setback (north) from 60 feet to 15 feet; and 6) a reduction of the rear setback from 15 feet to 0 feet. The property is located at 6116 West Northern Avenue. Staff contact: Eric Johnson (Barrel District). Mr. Johnson presented the application, reviewing the site and request. Boardmember Beck asked if the property owner who wanted the wall removed submitted a letter. Mr. Johnson responded no, stating the neighboring property owner called the applicant. In response to Boardmember Gallegos's question, Mr. Johnson explained the applicant has signed an access easement that allows access off 61st Avenue, through a parking lot. Boardmember Knaack asked when the building was constructed. Mr. Johnson responded 1995. Chairperson Ward asked where the adjacent buildings are in relation to the property line. Mr. Johnson explained the building to the south, which is owned by the property owner, goes to the north property line. He said the residential home immediately south of the new building is built right off Northern Avenue. He said the warehouse/storage building for Resthaven Cemetery is located on the property line immediately to the west. Chairperson Ward asked if the property to the north is zoned for residential. Mr. Johnson clarified the property is zoned for multi-family residential, noting preliminary meetings have been held with the city regarding a proposed multi- family development. He stated the property across the street is zoned C-2. Boardmember Schroth asked what the density is for R-5 zoning. Mr. Jacobs said the maximum is 30 dwelling units per acre, but the design standards make it difficult to go beyond 25 dwelling units per acre. Boardmember Beck asked if any response was received from the property owner to the west. Mr. Johnson stated the cemetery was notified, but no response was received regarding the applicant's proposal. David Friedberg, applicant's representative, explained the subject building was started prior to Mr. and Mrs. Davidson owning the property. He said Mr. Davidson completed construction after taking possession of the property. He said the building was in plain view during construction and it seems Code Enforcement should have issued a cease and desist order while it was under December 9, 2004 Board of Adjustment Page 7 construction. He said denial of the application will result in the need for the applicant to raze the building, stating they are working to find an alternative solution. He stated they have proposed tearing down a portion of the building on the north side to remedy the encroachment. He expressed his opinion the property's inaccessibility and lack of visibility preclude it from being a candidate for retail development. He stated the single-family residence is becoming defacto non- conforming as the nature of the street is changing. Boardmember Schroth pointed out the site plan calls for the existing structure to be removed. Mr. Friedman clarified the language should read that the existing structure is to remain. Boardmember Schroth asked Mr. Friedman at what point he became involved with the issue. Mr. Friedman responded April 2004. Boardmember Schroth pointed out a rather large lift is located adjacent to the gate. Mr. Friedman said the lift can be moved and is not considered a permanent part of the property. In response to Chairperson Ward's question, Mr. Friedman explained the previous owner constructed a fence two feet north of the subject property's property line, noting the wall eventually became the north wall of the structure. He said they are removing 17 feet of the building to provide retention and a landscaping buffer, noting two of the 17 feet represents their encroachment onto the other property. Chairperson Ward asked Mr. Friedman to explain how the site would be used if the zoning were strictly followed. Mr. Friedman said nothing could be built on the property if they followed the zoning ordinance. Mr. Friedman confirmed for Boardmember Schroth 17 feet of the building will be torn down, the fence will be relocated to the property line and the building will be 15 feet or more from the property line. Mr. Jacobs stated some type of variance is always needed on small parcels. He suggested the Commission focus its attention on the potential impact on the property owner to the north. Gerald Davidson, applicant, explained he purchased the property in 1995 from Resolution Trust. He said the back and side walls were constructed and a slab was poured for the building when he purchased the property. He stated he inherited miscellaneous paperwork from the City of Glendale and continued over a three year period to finish the building. He said he and Council Member Eggleston discussed the problem of homeless people living in the buildings, robberies, and burglaries when the gas station was first proposed. He acknowledged his naiveté for not having required easements when he purchased the property, explaining he believed he would always have access. He stated Mr. Garrett purchased the property to the north, with the intention of building a multi-family apartment complex. He said he was informed by Mr. Garrett that the fence encroaches on his property by about one foot. He stated after discussions with Mr. Garrett he believes the easiest resolution would be to tear down the wall. He pointed out Mr. Garrett has surrounded his entire project with parking. He said he would prefer to keep the building as warehouse storage,but he is willing to work towards an acceptable resolution. December 9, 2004 Board of Adjustment Page 8 Boardmember Beck asked Mr. Davidson if he ever considered having the building inspected during the construction phase. Mr. Davidson said the building was not intended to be much more than a garage. In response to Boardmember Schroth's questions, Mr. Davidson said it took three to four years to complete construction. He estimated the height of the building to be 16 feet. Chairperson Ward opened the meeting up for public comment on this case. Robert Garrett, 8421 West Peoria, Peoria, explained he is proposing to build condominiums on his property and he is concerned that four of his residences will face the applicant's block wall. He suggested they place a restriction on noise outside the building prior to 6:00 a.m. and that all complaints about noise or dust be addressed immediately. Boardmember Knaack pointed out some of the condos will look over the cemetery. Mr. Garrett agreed. Boardmember Beck asked Mr. Garrett how he feels about the applicant's request. Mr. Garrett said the applicant has been in business for a long time and he has no desire to hurt a businessman in the community. He stated he does not oppose the project as long as the building is moved back and beautified and all noise and odors are controlled. Boardmember Schroth asked Mr. Garrett if he currently experiences noise or odor problems. Mr. Garrett responded no. Boardmember Beck pointed out the proposed transmission shop would result in noise and odors. Boardmember Knaack stated a transmission shop would be a C-3 use, not a C-2 use. Mr. Jacobs agreed, explaining C-2 allows only minor auto repair. He pointed out the property is surrounded by legal non-conforming uses. Chairperson Ward stated the Board does not have the authority to determine appropriate uses, hours of operation or other such issues. Mr. Jacobs agreed, stating the applicant has to be approved for the variance before he can apply for a Conditional Use Permit. Mr. Friedberg stated they were told they cannot maintain the building's current use of storage, despite the existence of a mattress warehouse next door. Chairperson Ward directed the Board and the applicant to restrict their comments to the issue at hand. Mr. Friedberg said, in fairness, the building was there and operating before Mr. Garrett purchased his property and Mr. Garrett has plenty of opportunity for landscaping to further mitigate the appearance of the subject building. December 9, 2004 Board of Adjustment Page 9 Boardmember Schroth asked if the removal of the 17 feet of building reduces the Floor Area Ratio. Mr. Friedberg clarified the building will have an FAR of.33 after it is reduced. Boardmember Gallegos asked Mr. Garrett if he is satisfied with the applicant's proposed plan. Mr. Garrett responded yes. Boardmember Schroth said he hopes the proposed retention area will be landscaped with trees when the site is reviewed further. Mr. Jacobs stated landscaping will be addressed during design review. Chairperson Ward closed the public hearing. Boardmember Schroth made a MOTION to APPROVE VAR04-11, subject to the Site Plan date stamped November 8, 2004, corrected to reflect the portion in the center of the structure will remain and that the existing eight foot high fence on the north side will be relocated. Boardmember Knaack SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmember Gallegos thanked staff for the work they did on this case. He pointed out the building does not have much use beyond those discussed by the Board. Chairperson Ward agreed the property, without relief, could not be developed. No additional 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 the Planning Staff Report. Mr. Jacobs announced M.r. Johnson will leave the city next week. The Board wished him well. Chairperson Ward called for Board Comments and Suggestions. Boardmember Beck asked how close can they get to private property when evaluating an applicant's request. Mr. Jacobs noted the city previously discussed issuing identification cards to Board members for use when evaluating properties. No further comments were made. As there was no further business, the meeting was adjourned at 9:10 p.m. Sally Recording S etary