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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 2/10/2005 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,FEBRUARY 10, 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 Dave Gordon, City Attorney Karen Stovall,Planner Sally Melling,Recording Secretary Chairperson Ward explained the Board's policies and hearing procedures. Chairperson Ward called for approval of the December 9, 2004 and January 13, 2005 minutes. Boardmember Knaack made a MOTION to APPROVE the minutes from the December 9, 2004 and January 13, 2005 meeting. Boardmember Schroth 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. Chairperson Ward called for public hearing items. February 10, 2005 Board of Adjustment Page 2 APPLICATION NO.: VAR04-30 REQUEST: A request by Ronald Fregin for variances to 1) reduce the side setback for an accessory structure to 5 feet where a minimum 6 feet is required, 2) reduce the rear setback for an accessory structure to 8 feet where a minimum 17 feet is required, and 3) reduce the setback from the principal building to 1 foot, 8 inches where 10 feet is required in the R1-6 MH (Single Residence, Mobile Home Overlay) zoning district. The purpose of the variance is to allow an addition onto an existing detached garage. The property is located at 16202 North 71St Drive. Staff Contact: Karen Stovall (Sahuaro District). Ms. Stovall presented the application, reviewing the site and request. Ronald Fregin, applicant, explained he would like to add 10 feet to the east side of his garage to allow more room inside the garage. He said he had a severe drainage problem before development occurred behind them, therefore putting the garage on the other side of the home was not feasible. He pointed out the corner of his house is exactly where it is required by code to be so the only location available for the addition is the one he proposes. He expressed his opinion the addition will not be a detriment to his property or other properties in the neighborhood. He stated a person would have to purposely look in his back yard to see the addition. Boardmember Beck asked if the addition will have the same roofline and color as the existing garage. Mr. Fregin responded yes. Boardmember Gallegos asked about the structure that extends north from the garage. Mr. Fregin explained the lean-to structure already existed when he bought the house and he currently uses the area for storage. He said he would rather not loose the structure since storage space is at a premium on his property. He stated the structure is not accessible from inside the garage. In response to Boardmember Dietzman's question, Mr. Fregin explained he is seeking the variance for several reasons, including coverage on his homeowners insurance for his 1966 Mustang. Boardmember Dietzman asked if he is seeking a variance for the west side of the property as well. Mr. Fregin answered no, explaining he has no intention of extending the garage toward the west. 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 VAR04-30, subject to the Site Plan date stamped December 16, 2004. Boardmember Beck SECONDED the MOTION. Chairperson Ward opened the floor to discussion. February 10, 2005 Board of Adjustment Page 3 Chairperson Ward noted several other properties in the area have similar setbacks and garages. He expressed his opinion the addition will enhance the property. No further comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. APPLICATION NO.: VAR04-31 REQUEST: A request by Gary Schulze for variances to 1) reduce the side setback for an accessory structure to 0 feet where a minimum 3 feet is required, and 2) reduce the setback from the principal building to 4 feet 6 inches where a minimum 10 feet is required in the R1-6 (Single Residence) zoning district. The purpose of the variance is to allow an existing detached garage to remain on the property. The property is located at 6340 West Monte Cristo Avenue. Staff Contact: Karen Stovall (Sahuaro District). Ms. Stovall presented the application,reviewing the site and request. Gary Schulze, applicant, apologized for not obtaining a building permit, explaining he was under the misunderstanding one was not required for a steel building. He said the extra space was needed to house his 1967 Camero and motorcycle. He stated the building is very close to the wall and 4' feet from the house. He offered to do whatever necessary to bring the structure into compliance, including constructing a fire wall. He noted four of his neighbors are present to speak in support of his variance. Boardmember Schroth asked how close is the structure to the fence. Mr. Schulze stated the structure is one inch on the south side and one foot six inches on the north side from the fence. He assured the Commission the entire structure, including the overhang, rests within the boundaries of his property. Boardmember Schroth asked Mr. Schultze if he considered placing the structure further back. Mr. Schultze said he initially throughout about placing the structure further to the back, but decided against it because that was the only part of the yard left for his children and animals. He stated he was also concerned the structure would be more visible to his neighbors. Mr. Schultze commented on the applicant's effort to have the structure blend in with the rest of the house. Mr. Schultze confirmed for Boardmember Schroth that he poured the slab when he constructed the building. February 10, 2005 Board of Adjustment Page 4 Chairperson Ward asked how far would the structure have to be moved back to provide a three foot side yard setback. Ms. Stovall said the structure would have to be placed completely in the rear yard behind the house. Boardmember Schroth estimated the structure would have to move back 18 to 20 feet from its current location, leaving approximately 17 feet to the rear property line. Boardmember Beck asked if the building has plumbing and electrical. Mr. Schultze stated the building has electrical, but no plumbing. Mr. Schultze confirmed for Boardmember Schroth he has no plans to convert the structure into a dwelling. Boardmember Knack said her primary concern is safety, stating she does not believe the fire department will be able to access the rear yard. Mr. Schultze said there is 4 feet 6 inches between the house and the structure which can be easily accessed through the RV gate. He reiterated his willingness to construct a fire wall if necessary. Chairperson Ward opened the meeting up for public comment on this case. As no comments were made, he closed the opportunity for public input. Boardmember Schroth asked if Building Safety could require the structure to be torn down if it fails to meet building code requirements, even if the Commission approves the case. Ms. Stovall answered yes. Boardmember Schroth made a MOTION to APPROVE VAR04-31, subject to the Site Plan date stamped December 21, 2004 and review by Building Safety. Boardmember Gallegos SECONDED the MOTION. Chairperson Ward opened the floor to discussion. Boardmembers Beck and Dietzman commented the structure is attractive and matches the house. Boardmember Dietzman, however, said he does not know if he can support the application given the lack of space between the structure and the wall. Boardmember Gallegos agreed the structure is attractive. He said he understands the applicant's desire to maximize space in his back yard. Chairperson Ward expressed his opinion the request does not meet the findings, particularly Finding 1 and therefore he cannot support the request. No comments were made. Chairperson Ward called for a Roll Call Vote. The MOTION FAILED by a vote of 3 to 3 (Boardmembers Knack,Dietzman and Ward voting nay). February 10, 2005 Board of Adjustment Page 5 Chairperson Ward called for Other Business. Mr. Jacobs recommended the Board vacate its March meeting due to scheduling conflicts. Boardmember Dietzman made a MOTION to VACATE the Board's March meeting. Boardmember Schroth SECONDED the MOTION. The motion PASSED unanimously. Chairperson Ward called for the Planning Staff Report. Mr. Jacobs stated the city is actively seeking another member for the Board. Chairperson Ward called for Board Comments and Suggestions. No comments were made. As there was no further business, the meeting was adjourned at 7:50 p.m. Sally Mellg, Recording S retary