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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/13/2005 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,JANUARY 13,2005 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, Zoning Administrator Jim Flenner, City Attorney Karen Stovall, Associate Planner Teresa Hillner, Senior Planner Sally Melling,Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. No minutes were presented for approval. 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. January 13, 2005 Board of Adjustment Page 2 APPLICATION NO.: VAR03-24 REQUEST: A request by Nova Management Company representing Arrowhead Creekside for variances to allow: 1) Two center identification monument signs with ten tenant names where three tenant names are allowed, and 2) One center sign with a square footage of 51.94 square feet where 48 square feet is permitted in the PAD (Planned Area Development) zoning district. The property is the existing office complex located east of the northeast corner of 72nd Avenue and Bell Road (7200 West Bell Road). Staff Contact: Teresa Hillner(Sahuaro District). Ms. Hiliner presented the application, reviewing the site and request. Vice-chair Dietzman pointed out there is a drive off Bell Road. Ms. Hiliner agreed, explaining it is not located on the Arrowhead Creekside property and it is not an obvious access point to the property. In response to Boardmember Beck's question, Ms. Hillner highlighted the location of the proposed sign on the site plan. Patty Taylor, applicant's representative, explained the location of the sign. She agreed the driveway mentioned by Vice-chair Dietzman is not an obvious access point for the property because it is not signed. She said tenants are concerned their customers are not able to locate their businesses and, in an effort to resolve the problem, they have been placing illegal signs along the fence. She pointed out the applicant intends to use the existing sign and that no modifications will be made to the sign's size or design. Boardmember Beck commented on the difficulty he had in the past trying to access the property and find the doctor's office he needed. He agreed the sign is warranted. Chairperson Ward opened the meeting for public comment on this case. As no comments were made, he closed it. Boardmember Knaack made a MOTION to APPROVE VAR03-24, subject to the Site Plan dated November 23, 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 6 to 0. January 13, 2005 Board of Adjustment Page 3 APPLICATION NO.: VAR04-29 REQUEST: A request by Mr. Tim Stack for a variance to allow a 7- foot side setback where 10 feet is required in the R1-6 (Single Residence) zoning district. The property is located at 5701 West Loma Lane. Staff Contact: Teresa Hillner(Barrel District). Ms. Hiliner presented the application,reviewing the site and request. Ms. Hillner confirmed for Boardmember Gallegos the person who called was one of the four who submitted letters in support of the application. Boardmember Schroth asked if the side yard setback should be 5.5 feet. Ms. Hillner explained the R1-6 zoning district requires five and ten foot side yard setbacks. She stated with the proposed garage, the applicant meets the five-foot setback, but needs a reduction of the other side yard setback to seven feet. Boardmember Beck asked if the neighbor to the south is one of the neighbors who submitted letters in support of the application. Boardmember Schroth noted a correction to the address on Page 1 of staff's report. Tim Stack, applicant, stated his neighbor to the south supports the application, pointing out the corner of the wall will come no closer than 15.5 feet to his driveway. Boardmember Beck commented the garage could be built along the back of the property. Mr. Stack stated, while his original intent was to build the garage along the back of the property, his wife wanted the garage closer to the house. He stated his neighbors are in full support of his application and believe it will be a great addition to his house and the neighborhood. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the opportunity for public comment. Boardmember Gallegos made a MOTION to APPROVE VAR04-29, subject to the Site Plan date stamped November 8, 2004. Boardmember Schroth 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. January 13, 2005 Board of Adjustment Page 4 APPLICATION NO.: VAR04-28 REQUEST: A request by Gerald and Mary Vandever for a variance to reduce the front yard setback to 30 feet where 75 feet is required in the A-1 (Agricultural) zone district. The purpose of the variance is to allow the construction of a new house. A portico in front of the house will extend to the front setback. The property is located at 6418 West Pershing Avenue. Staff Contact: Karen Stovall (Sahuaro District). Ms. Stovall presented the application, reviewing the site and request. Boardmember Beck asked if any other house on the street has a 30-foot setback. Ms. Stovall responded no. Ms. Stovall confirmed for Boardmember Gallegos that the applicant already has a variance for a 40-foot setback and that the current application would further reduce the setback to 30 feet. Gerry Vandever, applicant, explained a 75 foot setback on his property would place his house at the rear of the property. He pointed out his house is setback 23 feet further than the other houses on his block because of the curbline, stating the proposed 30 foot setback will bring his house in line with the other houses. Boardmember Schroth asked what is the depth of the portico. Mr. Vandever estimated the depth to range between 18 and 22 feet. Boardmember Schroth asked Mr. Vandever if he ever considered reducing the size of the portico. Mr. Vandever explained reducing the size would make the portico too narrow to use. Vice-chair Dietzman asked Mr. Vandever if he obtained the previous variances. Mr. Vandever responded no, stating they were obtained by the previous owner. Chairperson Ward opened the meeting up for public comment on this case. Marla Johnson, 6402 West Pershing, Glendale, noted her property is located just east of the applicant's property. She said when she built her house 25 years ago she was required to have a 75-foot front yard setback; however, the houses built since the city took over have been allowed 40-foot setbacks. She stated the previous owner, Ms. Cooper, obtained the variance, but subsequently sold the property. She said, while she understands Mr. Vandever's situation and would not want to see the tree removed, she is concern that approval of the 30-foot variance could result in a future owner building a house up to the 30-foot line. Boardmember Gallegos asked if Ms. Johnson's concern is valid. Ms. Stovall said the concern is valid unless the application is approved subject to the site plan. Mr. Jacobs confirmed the site plan would restrict the structure to a portico. January 13, 2005 Board of Adjustment Page 5 Ms. Johnson stated approving the application subject to the site plan will allay her concern. Mary Vandever, applicant, commented there is 22 feet of dirt next to the street. Chairperson Ward closed the public input opportunity. Vice-chair Dietzman made a MOTION to APPROVE VAR04-28, subject to the following stipulation: 1) Development shall be in conformance with the Site Plan, date stamped October 1,2004. Boardmember Schroth 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 6 to 0. APPLICATION NO.: VAR04-27 REQUEST: A request by Darryl Haverland for a variance to reduce the side yard setback to seven feet where 15 feet is required in the SR-17 (Suburban Residence) zone district. The purpose of the variance is to allow the construction of an attached garage. The property is located at 7733 West Villa Theresa Drive. Staff contact: Karen Stovall (Sahuaro District). Ms. Stovall presented the application, reviewing the site and request. Boardmember Schroth asked if staff is suggesting the area be stipulated as a non-living area. Ms. Stovall responded yes. Darryl Haverland, applicant, expressed his opinion some of the comments by staff could have been said in a more positive light. He stated he measured all of his neighbors' side yard setbacks, stating his request is not unusual for the area. He explained there are 254 homes in Hidden Manor, with 63 percent having side yard setbacks of less than 15 feet, 44 percent having setbacks of less than 10 feet, and 15.5 percent having setbacks of less than eight feet. He said if only one variance has been issued as was reported by staff, there are likely 30 or more non- compliant structures within the neighborhood. With regard to Villa Teresa, Mr. Haverland reported 16 of the 28 homes have setbacks of less than 15 feet. He said three car garages, similar to the one he proposes, are common in the neighborhood. He noted his neighbors immediately to the east have a side entry garage and RV gate and fully support his request. He stated the people directly behind his property have an eight-foot side yard setback between them and their neighbors to the east. Boardmember Beck asked if the gate would be removed if the application is approved. Mr. Haverland responded yes. Boardmember Beck commented the proposed garage would be an improvement over the existing canopy. January 13, 2005 Board of Adjustment Page 6 Chairperson Ward asked Mr. Haverland to describe the appearance of the addition. Mr. Haverland referred to a drawing in the site plan, depicting the elevation. Ms. Stovall pointed out there are two zoning districts in the area, with the majority of the subdivision zoned SR-12. She stated variances have been approved in the SR-12 zoning district for many of the homes south of Villa Teresa, but only one has been approved within the SR-17 zoning district. Mr. Jacobs agreed that the SR-12 area of Hidden Manor have smaller side yard setbacks. Chairperson Ward opened the meeting for public comment on this case. As no comments were made, he closed the chance for public input. Vice-chair Dietzman made a MOTION to APPROVE VAR04-27, subject to the Site Plan date stamped October 21, 2004 and a stipulation limiting the area to use as a garage only. Boardmember Schroth SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Chairperson Ward expressed his opinion the proposed garage is much more attractive than the existing canopy. 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 the Planning Staff Report. No report was given. Chairperson Ward called for Board Comments and Suggestions. The Commission congratulated Boardmember Knaack on being elected Chairperson of the Glendale Chamber of Commerce. Chairperson Ward noted almost every city in the state has removed their City Council from the process for appealing Board decisions. He expressed his opinion Glendale should take the same step and encouraged the Board members to speak with their Council members. Mr. Flenner noted such action would require an ordinance amendment to the city code. As there was no further business, the meeting was adjourned at 8:15 p.m. / //11 -- , Sally M-• mg, Recording cretary