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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/8/2005 • MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY,DECEMBER 8, 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 Rodney Passmore Michael Schroth BOARDMEMBERS ABSENT: Sandy Burrell CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, City Attorney Karen Stovall, Planner Tabitha Perry, Planner Willis Luttrell, Planner Sally Melling, Recording Secretary Chairperson Gallegos explained the Board's policies and hearing procedures. Chairperson Gallegos called for approval of the November 10, 2005 minutes. Vice-chairperson Knaack made a MOTION to APPROVE the minutes from the November 10, 2005 meeting. Boardmember Schroth SECONDED the MOTION. The motion PASSED by a vote of 6 to 0. Chairperson Gallegos asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Gallegos called for public hearing items. December 8, 2005 Board of Adjustment Page 2 APPLICATION NO.: VAR05-15 REQUEST: A request by Jonathon Hess representing Albert Shirian for a variance in the C-2 (General Commercial) zoning district to reduce the required side yard setback from 60' to 25' for a proposed retail shopping center. The property is located at the southeast corner of 67th Avenue and Cactus Road. Staff Contact: Tabitha Perry. (Barrel District). Ms. Perry presented the application, reviewing the site and request. Dick Pesto, applicant's representative, said the site is quite small and they have worked with staff to make the best use of the property. He explained they eliminated the ring road behind the building for fear that noise from delivery trucks would disturb the neighbors and felt it would be better to create a greenbelt between the building and the residential development to the east. He said, however, the right-of-way on both sides of the development reduces the amount of usable space. He stated the building orients its activities towards the streets, isolating the residences behind the building. Boardmember Leonardo asked if the refuse area towards the Cactus Road end of the property is the only one for the center. Mr. Pesto responded yes. Boardmember Leonardo asked if the refuse area will be masked in any way. Mr. Pesto said an eight foot wall currently exists and they will provide heavier landscaping along that side of the project to help buffer the residential development. He said they have also considered dressing the area up with nice piers, stone veneer on the wall, and nice metal gates. Boardmember Schroth asked Mr. Pesto what is the width of the sidewalk behind the building. Mr. Pesto responded the five foot sidewalk will be under the canopy of the trees, noting it will be primarily used for emergency access. Boardmember Passmore asked if the applicant intends to construct another fence. Mr. Pesto responded no, explaining they will use the existing eight foot wall. Boardmember Schroth asked about the applicant's security plan for the rear of the building. Mr. Pesto said low-mounted lights with high security housing will be used to prevent light spilling into neighboring residential properties. In response to Boardmember Leonardo's question, Ms. Perry pointed out the applicant still needs to go through Design Review. She said the trash enclosure will more than likely be relocated further south. Chairperson Gallegos opened the meeting up for public comment on this case. As no comments were made, he closed the public hearing. December 8, 2005 Board of Adjustment Page 3 Boardmember Passmore referenced pictures of the property, asking if the grade of the subject property is lower than that of the residential properties. Mr. Pesto said the applicant's civil engineer has not yet done preliminary drainage and grading plans. He said they will likely have underground retention, with limited retention to the back of the site. Chairperson Gallegos asked if they have identified any tenants at this time. Mr. Pesto said they do not have any tenants yet, explaining their parking calculations are based on 5,300 square feet of restaurant or assembly-type user. Vice-chair Knaack made a MOTION to APPROVE VAR05-15, subject to the stipulations recommended by staff. Boardmember Schroth 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 6 to 0. APPLICATION NO.: VAR05-28 REQUEST: A request by Ms. Chayrn Eirich-Palmisano, of the City of Glendale Community Revitalization Division representing Ms. Maria A. De La Torre, for a variance to reduce the required perimeter setbacks in the R-3 zoning district from 20' to 8'8" for the front setback; 12' for the rear setback; 12' for the west side setback; and 10' for the east side setback. The purpose of the request is to allow the removal of an existing dilapidated single-family residence and replace it with a new single-family dwelling. The property is located at 5961 West Lamar Road. Staff Contact: Willis Luttrell (Ocotillo District). Mr. Luttrell presented the application, reviewing the site and request. Charyn Eirich-Palmisano, applicant's representative, explained the Community Revitalization program utilizes federal funds to replace dilapidated housing for low to moderate income families. She said the subject site is quite small and presents a unique challenge. She asked the Board to approve the requested variance, stating it will make Orchard Glenn a much.nicer place to live. Boardmember Leonardo asked if most of the properties in the same zoning district have similar reduced setbacks. Ms. Eirich-Palmisano said R-3 is a common zoning designation in the area. She explained many lots in the area are not conducive to R-3 zoning because of their small size. She noted Habitat for Humanity and Los Vosinos have asked for similar variances in the area as well. December 8, 2005 Board of Adjustment Page 4 Chairperson Gallegos asked how many homes her department can do in one year. Ms. Eirich- Palmisano explained funds go not only to her department, but to a number of public service programs. She said their budget allows for an average of three houses per year. Boardmember Schroth thanked Ms. Eirich-Palmisano for her efforts and the efforts of her department. Boardmember Passmore asked if the lower elevation of the house to the east will be a problem. Mr. Luttrell explained the existing house is 15 feet from the property line and the placement of the new residence will be at least three to five feet further back than where the current structure sits today. Chairperson Gallegos opened the meeting up for public comment on this case. B. Paul Price, 6739 North 60th Avenue, Glendale, said he likes the neighborhood and that the houses are not all the same. He asked if the project will have any affect on his garage which sits next to the subject property. Mr. Luttrell assured Mr. Price the project will not impact his legal non-conforming rights to the garage structure. Mr. Price said he and his neighbors support the applicant's request. Chairperson Gallegos closed the public hearing. Vice-chair Knaack commented Community Revitalization does fabulous work, stating she wishes they could do even more and at a faster pace. Chairperson Gallegos agreed. He said he also feels the different setbacks at the various houses in the area add character to the neighborhood. Boardmember Passmore asked if the Community Revitalization Division also built the new homes near the post office at 55th Avenue. Ms. Eirich-Palmisano said they done two houses, but have several affiliates who have also done work in that area, predominately Habitat for Humanity. Boardmember Leonardo made a MOTION to APPROVE VAR05-28, subject to the Site Plan date stamped October 28, 2005. Boardmember Schroth 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 6 to 0. December 8, 2005 Board of Adjustment Page 5 APPLICATION NO.: VAR05-20 REQUEST: A request by Kenneth McIntyre, representing Bonnie and Robert Brannan, for variances to 1) decrease the side yard setbacks to 21' (east) and 38'6" (west) where a minimum 50' is required and 2) increase the lot coverage to 15% where a maximum 10% is permitted in the A-1 (Agricultural) zoning district. The purpose of the variance is to allow the construction of room additions onto the existing house. The property is located at 5202 West Tierra Buena Lane. Staff Contact: Karen Stovall (Sahuaro District). Mr. Jacobs recommended the Board continue this item until such time as the applicant can be present. Boardmember Schroth made a MOTION to CONTINUE VAR05-20 to the Board's January 2006 meeting. Vice-chairperson Knaack 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 6 to 0. Chairperson Gallegos called for Other Business. Mr. Jacobs welcomed Mr. Passmore to the Board and thanked Mr. Beck for his service on the Board. Chairperson Gallegos called for the Planning Staff Report. Mr. Jacobs noted Business from the Floor has been removed from the agenda. Chairperson Gallegos called for Board Comments and Suggestions. Boardmember Schroth asked if boardmembers should assume the site plan should not be included in the motion if staff's report does not reference it under staff's conclusion. Mr. Jacobs responded yes. Boardmember Beck asked if the applicant's failure to appear at tonight's meeting should have any impact on his case at the January meeting. Mr. Jacobs responded no. December 8, 2005 Board of Adjustment Page 6 As there was no further business, the meeting was adjourned at 8:05 p.m. Sally Meng,Recording Sretary