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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/13/2005 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, OCTOBER 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 Hugh Leonardo BOARDMEMBERS ABSENT: Sandy Burrell Michael Schroth CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner,Deputy City Attorney Willis Luttrell, Senior Planner Karen Stovall, Planner Thomas Ritz,Planner Sally Melling, Recording Secretary Chairperson Gallegos explained the Board's policies and hearing procedures. Chairperson Gallegos called for approval of the September 13, 2005 minutes. Boardmember Leonardo made a MOTION to APPROVE the minutes from the September 13, 2005 meeting. Vice-chairperson Knaack SECONDED the MOTION. The motion PASSED by a vote of 4 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. October 13, 2005 Board of Adjustment Page 2 APPLICATION NO: VAR05-05: REQUEST: A request by Sean Lake, representing Wal-Mart Stores, for three variances in the C-2 (General Commercial) zoning district. The first request is to reduce the required landscape buffer where a non- residential use abuts a residential district from 15 feet to 131 feet. The second request is to reduce the required landscape buffer where a loading dock abuts a residential district from 25 feet to 131/feet. The final request is to reduce the required rear yard setback from 60 feet to 42 feet in order to construct the loading area at the rear of the proposed retail use. The property is the former Lucky grocery store at the southeast corner of 67th and Peoria Avenues (6645 West Peoria Avenue). Staff Contact: Maryann Pickering (Barrel District). APPLICATION NO.: VAR05-06: REQUEST: A request by Barbara Berastegui, RNL Design, representing the Vineyard Christian Fellowship, for a variance in the R1-6 (Single Residence) Zoning District to allow a maximum building height of 50 feet where 30 feet is the maximum building height permitted. The purpose of the variance is to allow the construction of a new worship auditorium at an existing church. The property is located at 5260 West Peoria Avenue. Staff Contact: Thomas Ritz (Barrel District). Mr. Jacobs asked the Board to continue VAR05-05 and VAR05-06 to its next regularly scheduled meeting of November 10, 2005. He pointed out any other applicant on the agenda can request a continuance since only four members of the Board are present. Chairperson Gallegos opened the public hearings on Case Nos. VAR05-05 and VAR05-06 for those who will be unable to attend the November 10 meeting. Garrett Simpson, 6319 West Shangra La Road, said the Vineyard Church has been a good neighbor, but he does not support their application. He stated the Vineyard Church is much larger than a neighborhood church, characterizing it as a commercial enterprise. He expressed concern that residents on the other side of the fence on Desert Cove will lose their privacy and have the quiet enjoyment of their property interrupted by activities at the church. He said, however, his primary concern is traffic control on 63rd Avenue, explaining a lot of promises were made when the church initially applied for permits to build about off-duty police officers being hired to direct traffic. He said numerous cars routinely drive through the neighborhood, particularly on Sundays. He suggested the Board consider a stipulation that requires all traffic exiting onto 63rd Avenue to turn left. Mr. Jacobs pointed out both cases require Conditional Use Permits, explaining the subject case for Vineyard Church relates to the height of the building and the impact of the use as it relates to October 13, 2005 Board of Adjustment Page 3 the neighborhood. Chairperson Gallegos explained the Board has no authority over any aspect of the use except the variance under consideration. Mr. Simpson expressed his opinion the height of the building is inappropriate. He said he will address his remaining concerns with the Planning Commission. Chairperson Gallegos closed the opportunity for public input. Vice-chairperson Knaack made a MOTION to CONTINUE Case No. VAR-05-05 and VAR-05-06 to the Board's November 10, 2005 meeting. Boardmember Leonardo SECONDED the MOTION. The motion PASSED by a vote of 4 to 0. Chairperson Gallegos called for public hearing items. APPLICATION NO.: VAR05-16 REQUEST: A request by Edward Bauer for a variance to increase the lot coverage to 15% where a maximum 10% is permitted in the in the A-1 (Agricultural) zoning district. The purpose of the variances is to allow the construction of a detached accessory building. The property is located at 5128 West Tierra Buena Lane. Staff Contact: Karen Stovall. (Sahuaro District). Ms. Stovall presented the application,reviewing the site and request. Boardmember Leonardo asked if the offsets from the back and side walls meet the appropriate codes. Ms. Stovall responded yes. Ed Bauer, applicant, explained the purpose of his request is to facilitate hobbies and projects he does with his children. He said he spoke personally with all of his surrounding neighbors and found everyone to be very supportive. He pointed out similar buildings are located throughout the neighborhood. He stated he also spoke with the president of the homeowners association to ensure he had their approval. Chairperson Gallegos opened the meeting up for public comment on this case. As no comments were made, he closed the public comment opportunity. Boardmember Leonardo made a MOTION to APPROVE VAR05-16, subject to the Site Plan date stamped August 2,2005. Boardmember Beck SECONDED the MOTION. Chairperson Gallegos opened the floor to discussion. No further comments were made. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 0. October 13, 2005 Board of Adjustment Page 4 APPLICATION NO.: VAR05-17 REQUEST: A request by Mark Daignault for a variance to reduce the required 18-foot rear yard setback to 10 feet-7 1 inches in the R1-7PRD (Single Residence) district. The purpose of the variance is to construct an attached patio cover to an existing residence. The property is located at 22003 North 61st Avenue. Staff Contact: Willis Luttrell (Cholla District). Mr. Luttrell presented the application,reviewing the site and request. Rick Daignault, applicant's representative, explained the variance is necessary to accommodate a covered patio structure. He pointed out there will still be a 101 foot setback to the fence line. He expressed his opinion there will be no adverse impact to the abutting lots. Chairperson Gallegos opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. Vice-chair Knaack made a MOTION to APPROVE VAR05-17, subject to the Site Plan date stamped September 1,2005. Boardmember Leonardo SECONDED the MOTION. Chairperson Gallegos opened the floor to discussion. No further comments were made. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 0. APPLICATION NO: VAR05-19 REQUEST: A request by Maren Volkening for a variance to reduce the required 15-foot side setbacks to 5 feet to remodel an existing single-family dwelling and construct a room addition in the R-2 HP (Historic Preservation) district. The property is located at 5811 West Northview Avenue. Staff Contact: Willis Luttrell (Ocotillo District). Mr. Luttrell presented the application,reviewing the site and request. Boardmember Leonardo asked if houses in the area had five foot setbacks when they were originally built in 1929. Mr. Luttrell said there were a variety of setbacks throughout the neighborhood, ranging anywhere from 12 feet down to as low as four feet. Boardmember Beck asked if they are actually talking about a five foot variance on each side. Mr. Luttrell responded yes. Maren Volkening, applicant, submitted photographs of the burnt out house, stating they will restore the historic character of the building and stay within the existing foundation. October 13, 2005 Board of Adjustment Page 5 Vice-chair Knaack asked if the existing walls will be repaired. Ms. Volkening answered yes. Boardmember Beck asked if the cracks in the wall will be repaired. Ms. Volkening said those walls will need to be rebuilt, but they will stay within the footprint of the existing foundation. Chairperson Gallegos opened the meeting up for public comment on this case. Mike Matus, 5815 West Northview, Glendale, stated he and the applicant share a common driveway and have identical lot sizes. He expressed concern that having a building five feet off of his fence will create a confined environment in his back yard and that he will lose sunlight in his back yard. Chairperson Gallegos asked Mr. Matus if he is opposed to the applicant's request. Mr. Matus responded yes, stating he believes they could have adequate space in the house without having to bring it out five feet. Vice-chair Knaack asked Mr. Matus if he is opposed to the addition in the back. Mr. Matus said no, explaining he is opposed to the variance for the side yard. Boardmember Knaack pointed out the side yard setbacks will not change from the existing footprint. Mr. Matus disagreed, showing on photographs where the house will expand further into the side yard setback. Mr. Jacobs said staff's understanding was that the area on the west would be part of the reconstruction and that the room addition is the only portion of the construction considered new. He stated the area referenced by Mr. Matus may have been added on in the 1940's, but they will have to rely on the applicant to tell them what, if anything, existed on the west side of the property since the city does not have a permit history. John Minett, 1022 South Maple Avenue, Tempe, said he is working with the applicant on the project. He displayed an aerial photograph, explaining until 2002 a garage was located on the west side and came to within one foot of the property line. He said the addition will be made of timber, but designed to compliment the Spanish eclectic style of the home. He stated the applicant, although inclined to build another garage, was advised by city staff that it would be best to go for a five foot setback. He assured the Board his client has no intention of harming another person's property. Vice-chair Knaack asked how much further will they come back from the original garage. Mr. Minett estimated 10 feet. Ms. Volkening said, rather than a large garage only one foot from the property line, she is proposing a five foot setback to match the setback on the other side of the property. Mr. Luttrell noted Ron Short, Deputy Director of Long Range Planning and Historic Preservation Commission liaison, will issue a Certificate of No Effect certifying that the addition October 13, 2005 Board of Adjustment Page 6 will not impact the historical significance of the structure and that it will in no way violate the National Register. Mr. Jacobs noted a five foot setback is typical in the neighborhood and will maintain the historical significance of the house. Boardmember Leonardo asked what is the square footage of the home. Ms. Volkening said about 2,000 square feet. Chairperson Gallegos closed the opportunity for input. Boardmember Beck suggested they continue the case to allow him time to visit the site and see if there will be a negative impact on the neighboring house. Mr. Flenner pointed out only the four Board members present at this meeting would be eligible to vote on the issue next month. Boardmember Beck made a MOTION to CONTINUE VAR05-19 to the Board's November 10,2005 meeting. The motion died due to lack of a second. Chairperson Gallegos said it appears the structure the applicant proposes will be less encroaching than the original structure. Vice-chair Knaack pointed out all four members have to vote in favor of a motion to approve or it will not pass. She said postponing the issue might give the applicant a better chance of getting the case passed. She asked, however, what would happen if one or more of the four currently present Boardmembers were not able to attend the November 10 meeting. Mr. Flenner said the vote could not take place. He noted a special meeting of the four present members could be called to vote on the case. He said, upon the applicant's request for continuance, the case could be brought back before the full Board on November 10. Ms. Volkening commented on the work she has put into the case. She formally asked the Board to continue Case No. VAR05-19 to the November 10, 2005 meeting. Boardmember Knaack made a MOTION to CONTINUE VAR05-19 to the Board's November 10, 2005 meeting. Boardmember Leonardo seconded the motion. Chairperson Gallegos opened the floor to discussion. No further comments were made. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 0. October 13, 2005 Board of Adjustment Page 7 APPLICATION NO: VAR05-09: REQUEST: A request by Tara Nichols, representing Habitat for Humanity, for a variance to reduce the rear yard setback to 14 feet where 20 feet is required and reduce the interior side yard setback to 10 feet where 20 feet is required in the R-4 (Multiple Residence) zoning district. The purpose of the variances is to allow the construction of a new home. The property is located at 6102 West Palmaire Avenue. Staff Contact: Thomas Ritz (Ocotillo District). Due to the applicant's absence, Mr. Jacobs recommended the Board continue the case until the November 10, 2005 meeting. Boardmember Knaack made a MOTION to CONTINUE VAR05-09 to the Board's November 10, 2005 meeting. Boardmember Leonardo seconded the motion. Chairperson Gallegos opened the floor to discussion. Boardmember Leonardo asked if the case automatically gets rescheduled for the next meeting, pointing out several items have been added to the agenda for the November 10 meeting already. Mr. Jacobs said they basically grant requests to continue to the next meeting when only four Boardmembers are present. He agreed the November agenda will be full, noting it also includes consideration of five new cases. Chairperson Gallegos called for a Roll Call Vote. The MOTION PASSED by a vote of 4 to 0. It was brought to the Chairperson's attention that a speaker's card had been submitted on Case No. VAR05-09. Chairperson Gallegos asked the person to address the Board only if she will be unable to attend the November 10 meeting. Ms. Bonnie Utt indicated she will come to the November 10 meeting. Chairperson Gallegos called for Other Business. There was none. Chairperson Gallegos called for the Planning Staff Report. No report was made. Chairperson Gallegos called for Board Comments and Suggestions. Chairperson Gallegos asked what the Board should do in cases where no one feels comfortable making a motion. Mr. Jacobs recommended, in such cases, the Board should make a motion to continue the case. As they was no further business, the meeting was adjourned at 8:15 p.m. �R Sally lalling, Recording4Wecretary