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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/13/2005 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 TUESDAY, SEPTEMBER 13, 2005 7:00 P.M. The regular meeting was called to order at approximately 7:00 p.m. by Chairperson Gallegos, with the following members and representatives present: BOARDMEMBERS PRESENT: Moe Gallegos, Chairperson Yvonne Knaack, Vice-Chairperson Tommie Beck Sandy Burrell Hugh Leonardo Michael Schroth BOARDMEMBERS ABSENT: None CITY STAFF: Ray Jacobs, AICP, Zoning Administrator Jon Paladini, City Attorney Willis Luttrell, Senior Planner Karen Stovall,Planner Sally Melling,Recording Secretary Chairperson Gallegos explained the Board's policies and hearing procedures. Chairperson Gallegos called for approval of the August 11, 2005 minutes. Boardmember Schroth made a MOTION to APPROVE the minutes from the August 11, 2005 meeting. Boardmember Burrell SECONDED the MOTION. The motion PASSED by a vote of 6 to 0. Chairperson Gallegos called for Business from the Floor. There was none. Chairperson Gallegos asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Gallegos called for public hearing items. September 13, 2005 Board of Adjustment Page 2 APPLICATION NO.: VAR05-08 REQUEST: A request by Gary Schulze for a variance to reduce the minimum setback from the north property line to 5 feet where 9 feet is required for a detached accessory structure 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. Boardmember Leonardo asked about the Code Compliance violation against the property specifically how it was made. Ms. Stovall responded she did not know the specifics and also that confidentiality is maintained if it is a call-in complaint. Boardmember Schroth asked if this was the very minimum required for the request. Ms. Stovall answered that it was, allowing the 10 feet as required. Boardmember Beck asked if the previous variance request was to allow the building to be located next to the house. Ms. Stovall answered that it was. Boardmember Burrell stated that it appeared to meet the required setback. Ms. Stovall answered that it is meeting the required separation from the house and the west side. Boardmember Schroth asked if a prior photo was available. Ms. Stovall answered there was not one available. Chairperson Gallegos asked if this new photo is the location the structure will be moved to. Ms. Stovall confirmed that it was. Gary Schulze, applicant, approached the podium and thanked Ms. Stovall for her assistance. He offered to answer questions and apologized for the misunderstanding that lead to the need for this request. Boardmember Schroth asked the applicant if the dimension off of the corner of the house was at a right angle. Mr. Schulze replied that it was. Boardmember Schroth then asked if the 10 feet measurement was from the corner of the house or the eave. Mr. Schulze replied it was from the eave. Boardmember Schroth then suggested that since it was measured from the eave, additional footage could be obtained. Vice-chairperson Knaack asked if there was clearance into the yard. Mr. Schulze replied that there was. He stated that there is also a door at the rear of the garage. Chair Gallegos asked Boardmember Schroth to explain where the additional footage would be obtained in his figuring. Boardmember Schroth explained that using a right triangle with the dimensions given would add the addition feet. September 13, 2005 Board of Adjustment Page 3 Boardmember Schroth asked if there were established trees located in the back. Mr. Schulze stated there were but not pictured on the site plan in answer to Boardmember Burrell's question. Since there were no further questions of the applicant, Chairperson Gallegos opened the floor to public input. Mr. Cary J. Roehl, 6412 West Monte Cristo Avenue, approached the podium. Mr. Roehl stated that he was not specifically opposed to the request but he has also been denied permits by the Building Safety Department to place an accessory structure on his property and demanded that he be allowed to place a similar structure on his site. He stated that that if the applicant is granted approval then he should get it also. Chairperson Gallegos explained that each case is separate and that this is an attempt to remedy a permit denial. Chairperson Gallegos obtained further information from him and asked staff to provide guidance on obtaining a variance for his request. Boardmember Schroth pointed out to Mr. Roehl that even if granted a variance, projects would still require a building permit and inspection. Boardmember Beck added that a permit cover all legalities. Mr. Jacobs then explained that a permit is not issued until every requirement is met. Vice-Chairperson Knaack applauded the applicant for following the legal procedure in obtaining a variance. She also commended Mr. Roehl for inquiring about the legal procedure. Chairperson Gallegos closed the opportunity for public input. Boardmember Burrell asked for discussion on the case. She stated that based on the evidence, she sees no special reason to approve. Boardmember Leonardo requested to ask the applicant a question. He asked Mr. Schulze why the structure was sized as it was. Mr. Schulze stated he listened to the salesman's pitch and lacking the correct permit information, he saw no reason to downsize the structure. He now wishes he had gone with the smaller size. Boardmember Burrell asked for a vote on VAR05-08. Boardmember Burrell made a MOTION to DENY VAR05-07. Boardmember Leonardo SECONDED the MOTION. Chairperson Gallegos opened the floor to discussion. Boardmember Schroth stated he has a hard time with the language of the motion. September 13, 2005 Board of Adjustment Page 4 Chairperson Gallegos asked for clarification from Mr. Paladini. If the motion as stated does not pass, it does not mean that it is approved. Mr. Paladini stated that was correct, nothing in effect had been accomplished. Chairperson Gallegos stated that he feels the applicant has met 3 of the 4 required side setbacks. He stated he appreciates all the work that went into trying to be in compliance. Boardmember Schroth requested that the motion language be amended. Mr. Paladini stated that the originator could rescind the motion and begin again. Boardmember Burrell made a MOTION to rescind the previous motion. Boardmember Leonardo SECONDED the MOTION. Boardmember Schroth made a MOTION to APPROVE VAR05-07 with the stipulations that the building setback along the rear property line be 71/z feet and applicant receives approval for 10' setback whether it be measured from the corner of the house or the eave. As there was no second, the motion was not considered. Boardmember Schroth made a MOTION to APPROVE VAR05-07, subject to the Site Plan date stamped July 20, 2005, with setbacks as shown and building code setbacks of 10 feet are met. Boardmember Beck SECONDED the MOTION. Boardmember Schroth asked that the applicant make the rear setback as large as possible. Chairperson Gallegos stated he feels the applicant has made every attempt to meet the requirements. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 2 (Boardmembers Burrell and Leonardo voted nay). September 13, 2005 Board of Adjustment Page 5 APPLICATION NO.: VAR05-11 REQUEST: A request by Habitat for Humanity for a variance in the R1-6 (Single Residence) Zoning District to allow 4-foot side yard setbacks where 10 and 5 feet is required. The property is located at 6740 North 51st Drive. Staff Contact: Bill Luttrell (Ocotillo District). APPLICATION NO.: VAR05-12 REQUEST: A request by Habitat for Humanity for a variance in the R1-6 (Single Residence) Zoning District to allow 4-foot side yard setbacks where 10 and 5 feet is required. The property is located at 6742 North 51st Drive. Staff Contact: Bill Luttrell (Ocotillo District). APPLICATION NO.: VAR05-14 REQUEST: A request by Habitat for Humanity for a variance in the R1-6 (Single Residence) Zoning District to allow 4-foot side yard setbacks where 10 and 5 feet is required. The property is located at 6746 North 51st Drive. Staff Contact: Bill Luttrell (Ocotillo District). Mr. Luttrell presented the applications, reviewing the sites and requests together as they are adjacent to each other. Each case will be voted on separately. The Board had no questions for Mr. Luttrell, and the applicant was invited to approach the podium. Mr. Lee Mashburn, applicant-Board of Directors of Habitat for Humanity, approached to answer questions. Boardmember Beck asked how soon building would begin. Mr. Mashburn replied that this fall is the projected start date. Boardmember Schroth asked if the only access would be in the front. Mr. Mashburn replied that that was correct. Boardmember Leonardo asked if the 4 foot setback was sufficient for public safety response needs. Mr. Mashburn answered that that is addressed during the building permit phase. Vice- chair Knaack said that the Building Safety minimum requirement is 3 feet. Chairperson Gallegos opened the meeting for public comment on this case. As no comments were made, he closed the opportunity for public input. Chairperson Gallegos stated that Habitat for Humanity is known for its good works and he commends them. September 13, 2005 Board of Adjustment Page 6 Vice-chair Knaack made a MOTION to APPROVE VAR05-11, subject to the Site Plan date stamped June 3,2005. Boardmember Burrell SECONDED the MOTION. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. Vice-chair Knaack made a MOTION to APPROVE VAR05-12, subject to the Site Plan date stamped June 3, 2005. Boardmember Schroth SECONDED the MOTION. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. Boardmember Leonardo made a MOTION to APPROVE VAR05-14, subject to the Site Plan date stamped June 3, 2005. Vice-chair Knaack SECONDED the MOTION. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. Vice-chair Knaack expressed appreciation for all that Habitat is doing to improve the heart of Glendale. APPLICATION NO.: VAR05-13 REQUEST: A request by Habitat for Humanity for a variance in the R- 4 (Multiple Residence) Zoning District to allow a 10-foot side yard setback where 20 feet is required. The property is located at 5221 North 59th Drive. Staff Contact: Bill Luttrell (Ocotillo District). Mr. Luttrell presented the application, reviewing the site and request. The Board had no questions for Mr. Luttrell, and the applicant was invited to approach the podium. Mr. Lee Mashburn, applicant-Board of Directors of Habitat for Humanity, approached to answer questions. Vice-chair Knaack asked the applicant if there was any way a multi-plex of some kind could be built on the site. Mr. Mashburn assured the Board that only a single-family residence could be accommodated on the site and that was the only building being considered. Boardmember Schroth made a MOTION to APPROVE VAR05-13, subject to the Site Plan date stamped June 3, 2005. Boardmember Leonardo SECONDED the MOTION. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 6 to 0. September 13, 2005 Board of Adjustment Page 7 Chairperson Gallegos called for Other Business. Mr. Jacobs clarified that the setback from a main building to an accessory structure is measured from the wall. Therefore, the applicant for the first case could get it situated back a bit further. Chairperson Gallegos called for the Planning Staff Report. No report was made. Chairperson Gallegos called for Board Comments and Suggestions. As there was no further business, the meeting was adjourned at 8:30 p.m. Sally M•.ring, Recordincretary