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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/3/2007 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT WORKSHOP GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 WEDNESDAY,JANUARY 3,2007 6:00 P.M. Ray Jacobs called the workshop to order at approximately 6:00 p.m., with the following members and representatives present: BOARD MEMBERS PRESENT: Moe Gallegos, Chairperson Hugh Leonardo Merry Lutz Rodney Passmore Michael Schroth BOARD MEMBERS,ABSENT: Yvonne Knaack, Vice Chair Sandy Burrell CITY STAFF: Jon M. Froke, AICP, Planning Director Jon Paladini, Deputy City Attorney Ray Jacobs, AICP, Zoning Administrator Erin O'Neil, Senior Management Assistant Remigio Cordero, Associate Planner Peter Kulikowski, Associate Planner Kevin Andrews, Planner Shaik Shabbeer, Planner Lisa Hunt, Recording Secretary GUEST: Amy Rasor,Deputy City Attorney AGENDA ITEM: 1. PROCEDURAL TRAINING REQUEST: A request by the City Attorney's office to discuss potential procedural changes for the Board of Adjustment. The training will include board actions and discussion of the four findings for a variance. Staff Contact: Ray Jacobs, AICP. January 3,2007 Board Of Adjustment Workshop Minutes Page 2 Mr. Paladini began by explaining that most of the material before them represents a refresher course. He said that there is only one main change in the procedures. He stated that the appeal process began with the Board of Adjustment with an option to the City Council and then the option to the Superior Court. The City Council has voted to do away with that option, so now their only option is to go to the Superior Court if they wish to appeal. He stated that the Superior Court Judge has only the Board of Adjustment's record to review the application. He said that because of that fact, they need a tighter decision making process on the four elements for review. He stated that the presentation would not change. There will be an overview of the property and then the facts to the four different findings will be addressed before granting a variance. He said that the board is in truth acting as a panel of judges not as a Planning Commission. They will be weighing the evidence that will be considered for granting the variance. Mr. Paladini explained that voting was a major change to the procedure. He said that no motions were necessary except for conditions and stipulations applicable to a variance request. Each member will vote either "YES" or "NO" upon roll call. He said that he believes this will make things a lot clearer. He said the board would vote on all four findings for each variance. He informed the board that they were not allowed to go see a property or research any of the variances brought before them. He said they are to only hear the evidence brought forward during the hearing. He explained procedures concerning conflict of interest. He said that any personal interest that a board member may have in a matter under consideration must be declared prior to the matter being heard. Mr. Paladini reviewed the applications for the variances. He said that there would be special circumstances or conditions applicable to the property including its size, shape, topography, location, or surrounding areas which were not self-imposed by the owners. He stated that when hearing a case if everyone is in agreement with the first condition, more than likely the rest will follow along. He reviewed an example of special circumstances. If this first step should fail, then the board would go no further in the decision process. He stressed the fact that if any of the four conditions fail, the variance fails, and there is no need for further discussion on the matter. He stated that conditions and stipulations should be based upon evidence or argument presented during the hearing. He said that the Chair would make the request for any motions for conditions or stipulations. He gave instructions that they should always follow with an explanation for the record on why it was voted in a certain manner. Board member Lutz asked if they are to take into account any HOA CCR's when making a decision. Mr. Paladini said that the board should stay away from granting a variance when CCR's are taken into account. He said the board could grant variances, and they could still be in violation of the CCR's. He noted that the board should not deny the variance strictly on the CCR's as long as they meet all the other conditions. He added that granting the variance does not have to be consistent with the CCR's. He noted that if the rules have changed on a homeowner, it could also be a special circumstance. It would require additional consideration. January 3,2007 Board Of Adjustment Workshop Minutes Page 3 Board member Schroth asked if they would receive a recommendation from staff in their packet. Mr. Jacobs said that they would not, but if they were to, it should not be taking into account. He said that granting a variance should be only the board's decision based on the evidence. Mr. Paladini stated that this new procedure will take some getting used to, but in the end it will ensure the decisions made by the board are clear. He thanked everyone for attending and being such an attentive class. Chairperson Gallegos called for Reports and Comments. Mr. Jacobs stated that the next meeting was scheduled for Thursday, January 11, 2007, which was next week. As there was no further business, the workshop adjourned at 8:17 p.m. _ A, • L -. Hu , 'ecording Secretary 3