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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/14/2006 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, SEPTEMBER 14,2006 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 Sandy Burrell Merry Lutz Michael Schroth Hugh Leonardo Rodney Passmore BOARDMEMBERS ABSENT: None CITY STAFF: Ray Jacobs, Zoning Administrator Jim Flenner, City Attorney Remigio Cordero, Associate Planner Bill Luttrell, Senior Planner Lynn Crance,Recording Secretary Erin O'Neil, Sr. Management Assistant Chairperson Gallegos explained the Board's policies and hearing procedures. Chairperson Gallegos called for approval of the August 10, 2006 minutes. Boardmember Schroth made a MOTION to APPROVE the minutes from the August 10, 2006 meeting. Boardmember Lutz 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. September 14, 2006 Board of Adjustment Page 2 Chairperson Gallegos called for public hearing items. APPLICATION NO.: VAR06-15: REQUEST: A request by Hector Garcia for a variance to reduce the required setbacks for accessory structures for a 10-foot high storage shed in the R1-8 PRD (Planned Resident Development) district. The applicant is requesting the setbacks be reduced from 5 feet for the west property line to 3 feet, and 9 feet from the south property line to 3 feet. The property is located at 8527 West Georgia Avenue. Staff Contact: Willis Luttrell (Yucca District). Mr. Luttrell presented the application, reviewing the site and request. He stated the site does not meet the required findings for a variance, therefore staff does not recommend approval. Hector Garcia and daughter Anna Garcia, applicants, approached the podium. Ms. Garcia stated that she sees no problem with the shed's location. She said the shed is not an inconvenience to anyone. She stated they had made inquires and no one came forward with any complaints concerning the placement of the shed. She also added that she was told a permit was not required for a shed that size. Board member Knaack asked when the shed was built. Ms. Garcia stated that it was built about 6 months ago. Board member Schroth asked about the height of the wall next to the roof. Mr. Luttrell said it was a perimeter block wall, which is about 5 to 6 feet high. Mr. Ray Jacobs interjected that there had been complaints filed and are the basis for the case. Board member Passmore asked if the applicant had a permit to build the structure. Ms. Garcia stated she was told she did not need a permit because it was not large enough. Board member Passmore then asked if they had used a licensed contractor. Ms. Garcia said she was not certain if the contractor was licensed. Board member Leonardo asked what the size requirement of the structure should be to apply for a permit. Mr. Luttrell said that 120 square feet is the point when a permit is needed. Board member Passmore asked if the owners were aware of the consequences of having to relocate the shed. Ms. Garcia stated yes, they were aware. Board member Passmore asked what the price of the building was and if it was concrete or wood. Ms. Garcia said the cost was $2,000 including the concrete pad. She said the shed was concrete. Board member Schroth and Mr. Luttrell discussed the property setbacks. They found that if the shed were moved to a different location on the property they would not need a variance. September 14, 2006 Board of Adjustment Page 3 Board member Burrell stated her concern regarding the cost of having the shed relocated but stated that the city has obligations to the citizens that must take precedence. She further added that there were complaints filed that needed to be addressed. Chairperson Gallegos opened the public hearing. As no comments were made, he closed the public hearing. Board member Burrell made a MOTION to DENY VAR06-15. Board member Knaack SECONDED the MOTION. VAR06-15 WAS DENIED 7-0. APPLICATION NO.: VAR06-03 REQUEST: A request by Kody McNew for variance to 1) reduce the side yard setbacks from 9 feet to 6 feet for an accessory storage building and 2) reduce the separation between the accessory structure and principal residence from a 10 feet to 9 feet. The property is located at 19732 North 55th Avenue. Staff Contact: Remigio J. Cordero (Cholla District.) Mr. Cordero presented the application, reviewing the site and request. Board member Passmore asked if the structure had already been built. Mr. Cordero answered yes. Board member Schroth asked if the owner applied for the needed permits. Mr. Cordero said no the owner had not. Chairperson Gallegos asked if the required findings were met. Mr. Cordero answered yes. He said staff recommends approval. He added they had received three calls in favor of Mr. McNew's request. Mr. Flenner stated that not having a permit should be irrelevant when approving the request. He said that the Board's decision must be based on the findings. Chairperson Gallegos asked how old the structure was. Mr. Cordero referred the answer to the applicant. Mr. Rick Torres, speaking on behalf of Mr. McNew, stated that the structure was 5 months old. He also added that there are no adjacent structures that will be affected. Board member Knaack asked why the roof was not the color of the house. Mr. Tones said that the owner tried to match the color as close as possible. He said the alternative would have resulted in additional high cost in materials. September 14, 2006 Board of Adjustment Page 4 Chairperson Gallegos opened the public hearing. As no comments were made, he closed the public hearing. Board member.Burrell made a MOTION to APPROVE VAR06-03, subject to the site plan dated June 12, 2006. Board member Leonardo SECONDED the MOTION. VAR06-03 was approved 7-0. APPLICATION NO.: VAR06-10 REQUEST: A request by Ernest and Julie Padilla for a variance for a rear setback of 10 feet where 25 feet is required in the SR-12 zoning district. The purpose is for additional living area and extension of an existing garage. The property is located at 7741 West Michigan Avenue. Staff Contact: Remigio Cordero ( Sahuaro District). Mr. Cordero presented the application, reviewing the site and request. Mr. Ernest Padilla, applicant, explained why he wanted to build the additional structure. He said he owns a large vehicle that stays parked outside. He stated that he has had break-ins and his vehicle has been vandalized. Chairperson Gallegos asked what kind of vehicle he drove. Mr. Padilla said it was a 4-wheel drive truck used for his business. Board member Leonardo asked the applicant if he has a homeowners association and if they were aware he wanted to build the structure. Mr. Padilla said that the homeowners association was in favor of his request. Chairperson Gallegos opened the public hearing. Mr. Harley Hemp, neighbor and a resident of Glendale, stated that the neighborhood HOA denied the structure. He said an attorney should have been in attendance to state their case. He handed out CC&Rs to the Board to confirm his point. He said he does not want the variance approved. Board member Schroth asked if the Architecture Review Board denied the structure application. Mr. Hemp answered yes. ' Board member Lutz asked if the HOA keeps minutes of their meetings for documentation. Mr. Hemp answered he was not sure. Board member Leonardo stated that he was familiar with how the HOA worked. He said that if they had denied it, there should be written documentation. September 14, 2006 Board of Adjustment Page 5 Board member Passmore asked what the Board of Adjustment's position should be if the HOA and the Board of Adjustment are in conflict. Mr. Flenner stated that the Board's decision should not be based on what the HOA approves. He said the board should base their decision on the four findings that need to be met. He added that if the HOA does not agree with the decision of the Board, they can take further action with the homeowner. Mr. Jacobs described the variance review process as very thorough and extensive. He noted that the homeowner had the approval of the president of the HOA. Mr. Padilla, applicant, stated that he had been in contact with the HOA and they were in agreement with his request. Mr. Jack Keely, neighbor and resident of Glendale, stated that he was in favor of the structure. He stated that if the applicant is allowed to build this structure it would be an asset to the neighborhood. He added that he has a very beautiful home. Mr. Cleos Tibo, neighbor and resident of Glendale, stated that he was in favor of the structure. He also stated that Mr. Padilla has a very beautiful home, and he is confident that his plans only enhance the neighborhood's attractiveness. Chairperson Gallegos asked for further comments on this case. As no comments were made, he closed the public hearing. Board member Schroth stated that the structure looks very nice. He said he hopes that all applicants do their research before applying for a variance. He said that applicants must check with HOAs to make sure guidelines are met. Chairperson Gallegos stated that he appreciates the public coming to express their opinions and concerns. Board member Passmore made a MOTION to APPROVE VAR06-10, subject to the site plan dated May 9, 2006. Board member Schroth SECONDED the MOTION. VAR06-07 WAS APPROVED 7-0. Chairperson Gallegos called for Other Business. Mr. Jacobs asked Board members if they were interested in participating in the Boards and Commissions Annual 2006 Conference and if so to contact him or Lynn Crance. Chairperson Gallegos noted he would be out of town for the October 12, 2006 meeting. September 14, 2006 Board of Adjustment Page 6 The meeting was adjourned at 8:20 p.m. 1111r laRecording Secretary