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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 1/11/2007 MEETING MINUTES CITY OF GLENDALE • BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,JANUARY 11,2007 7:00 P.M. Chairperson Gallegos called the meeting to order at approximately 7:00 p.m., with the following members and representatives present: BOARDMEMBERS PRESENT: Moe Gallegos, Chairperson Sandy Burrell Hugh Leonardo Merry Lutz Rodney Passmore Michael Schroth BOARDMEMBERS ABSENT: Vice Chairperson (vacant) CITY STAFF: Jon Paladini,Deputy City Attorney Amy Rasor,Deputy City Attorney Ray Jacobs, AICP, Zoning Administrator Remigio Cordero, Associate Planner Shaik Shabbeer, Planner Lisa Hunt, Recording Secretary Chairperson Gallegos explained the Board's policies and hearing procedures. Chairperson Gallegos called for approval of the November 9, 2007, minutes. Boardmember Leonardo stated that there are entries annotated in the minutes identifying Chairperson Gallegos as Vice Chair, which is incorrect. Boardmember Leonardo MADE a MOTION to APPROVE the minutes from the November 9, 2006 meeting, with the correction to Chairperson Gallegos' title. Boardmember Schroth SECONDED the MOTION. The motion passed unanimously. January 11,2007 Board Of Adjustment Minutes Page 2 Chairperson Gallegos asked staff if there were any requests for withdrawals or continuances. There were none; however, Mr. Jacobs recommended that because of lack of representation for items 1 through 3 that they should start with item 4 on the agenda. Chairperson Gallegos agreed and called for public hearing items. He reminded everyone on the different procedures being used today. He stated that they would have to review all four findings separately. AGENDA ITEM: 4. VAR06-22 REQUEST: A request by the property owners, Terrance and Kathy Jones, for a variance in the Agricultural (A-1) zoning district to 1.) Increase lot coverage to 11% percent where a minimum of 10% percent is permitted and 2.) Reduce the side-yard setbacks to 37 feet and to 21 feet where a 50 feet side is the minimum. This variance is for the construction of a room addition behind the existing home. The property is located at 5203 West Paradise Lane. Staff Contact: Remigio Cordero (Sahuaro District). Mr. Remigio Cordero, Associate Planner, presented the application, reviewing the site and request. He stated the variance request appears to meet the required four findings and should be recommended for approval subject to the site plan date-stamped October 2, 2006. Mr. Terrance Jones, applicant, stated that Mr. Cordero had been very helpful in his review of the application and he had very little to add. He said he hopes the Board approves his variance. Chairperson Gallegos asked the Board if they had any questions for the applicant. There were no responses. He closed the public hearing and called for discussion by the Board, as there were no speaker cards turned in. Chairperson Gallegos stated that he has been in the area and it is very beautiful. He believes this will not affect the area. He stated that the applicant's requests were not unreasonable. Based on the facts of evidence presented, Mr. Paladini requested a vote from the Board. He then went on to ask the following questions and waited for the recording secretary to poll the Board after each finding. Finding One: Does the Board find that there are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, which were not self-imposed by the owner? The Board was polled on the 1st finding and responded with a 6-0 vote of"Yes". Finding Two: Does the Board find that due to the special circumstances, the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the same classification in the same zoning district? January 11,2007 Board Of Adjustment Minutes Page 3 The Board was polled on the 2nd finding and responded with a 6-0 vote of"Yes". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? The Board was polled on the 3rd finding and responded with a 6-0 vote of"Yes". Finding Four: Does the Board find the granting of the variance, or these variances, will have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general? Boardmember Schroth requested clarification. Mr. Paladini stated that the question to the Board is, "Will this variance have a detrimental effect, yes or no?" The Board was polled on the 4th finding and responded with a 6-0 vote of"No". Mr. Paladini informed the Board that they had made an affirmative finding in the first 3 findings and found that the variance would not have a detrimental effect, which was the 4th finding; therefore, he then asked the Board if it was their desire to grant this applicant the variance subject to the site plan date- stamped October 2, 2006. Chairperson Gallegos called for all those in favor. The Board APPROVED unanimously, 6-0. AGENDA ITEM: 1. VAR06-18 REQUEST: A request by Habitat for Humanity for a variance in the Multiple Residence (R-3) zoning district to reduce the perimeter setback on the north (front), south (rear) sides to 10 feet were 20 feet is the minimum perimeter setback. This variance is for the construction of a single family home. The property is located at 7125 North 66th Drive. Staff Contact: Remigio Cordero (Ocotillo District). Mr. Remigio Cordero, Associate Planner, presented the application, reviewing the site and request. He stated the variance request appears to meet the required four findings and should be recommended for approval subject to the site plan date-stamped September 22, 2006. Mr. Paladini made a correction to the application package provided to the Board and requested that they swap the site plan's for VAR06-18 and VAR06-19, which was agenda item 1 and 2. The Board did so. Ms. Tana Nichols, representing Habitat for Humanity Valley of the Sun, thanked the Board for their time and consideration. She also thanked the staff for all their support. She said she they were very excited to be building more houses in Glendale and hope to do so in the future. • January 11,2007 Board Of Adjustment Minutes Page 4 Chairperson Gallegos asked the Board if they had any questions for the applicant. Boardmember Schroth thanked Habitat for Humanity for all their endeavors in the community. Chairperson Gallegos closed the public hearing and called for discussion by the Board, as there were no speaker cards turned in. No one responded. Based on the facts of evidence presented, Mr. Paladini requested a vote from the Board. He then went on to ask the following questions and waited for the recording secretary to poll the Board after each finding. Finding One: Does the Board find that there are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, which were not self-imposed by the,owner? • The Board was polled on the 1st finding and responded with a 6-0 vote of"Yes". Finding Two: Does the Board find that due to the special circumstances, the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties, in the same classification, in the same zoning district? The Board was polled on the 2nd finding and responded with a 6-0 vote of"Yes". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? The Board was polled on the 3rd finding and responded with a 6-0 vote of"Yes". Finding Four: Does the Board find the granting of the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general? The Board was polled on the 4th finding and responded with a 6-0 vote of"Yes". Mr. Paladini informed the Board that they had made an affirmative finding for the four findings; therefore, he then asked the Board if it was their desire to grant this applicant the variance subject to the site plan date-stamped September 22, 2006. Chairperson Gallegos called for all those in favor. The Board APPROVED unanimously, 6-0. AGENDA ITEM: 2. VAR06-19 REQUEST: A request by Habitat for Humanity for a variance in the Multiple Residence (R-3) zoning district to reduce the perimeter setback on the north and south sides to 10 feet were 20 feet is the minimum perimeter setback. This January 11,2007 Board Of Adjustment Minutes Page 5 variance is for the construction of a new single family home. The property is located at 7131 North 66th Drive. Staff Contact: Remigio Cordero (Ocotillo District). Mr. Remigio Cordero, Associate Planner, presented the application, reviewing the site and request. He stated the variance request appears to meet the required four findings and should be recommended for approval subject to the site plan date-stamped September 22, 2006. Chairperson Gallegos asked the Board if they had any questions for the applicant. There were no responses. He closed the public hearing and called for discussion by the Board, as there were no speaker cards turned in. Boardmember Schroth points out to Mr. Cordero that item 2 is a 24-foot not 22-foot wide building. Mr. Cordero repeated the same information as Boardmember Schroth and agreed that he was correct. Based on the facts of evidence presented, Mr. Paladini requested a vote from the Board. He then went on to ask the following questions and waited for the recording secretary to poll the Board after each finding. Finding One: Does the Board find that there are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, which were not self-imposed by the owner? The Board was polled on the 1st finding and responded with a 6-0 vote of"Yes". Finding Two: Does the Board find that due to the special circumstances, the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties, in the same classification, in the same zoning district? The Board was polled on the 2nd finding and responded with a 6-0 vote of"Yes". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? The Board was polled on the 3rd finding and responded with a 6-0 vote of"Yes". Finding Four: Does the Board find the granting of the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general? The Board was polled on the 4th finding and responded with a 6-0 vote of"Yes". Mr. Paladini informed the Board that they had made an affirmative finding for the 4 findings; therefore, he then asked the Board if it was their desire to grant this applicant the variance subject to the site plan date-stamped September 22, 2006. January 11,2007 Board Of Adjustment Minutes Page 6 Chairperson Gallegos called for all those in favor. The Board APPROVED unanimously, 6-0. AGENDA ITEM: 3. VAR06-20 REQUEST: A request by Habitat for Humanity for a variance in the Multiple Residence (R-2) zoning district to reduce the East perimeter setback to 10 feet and the West perimeter setback to 6.5 feet where 15 feet is required. This variance is for the construction of a new single family home. The property is located at 6009 West Gardenia Avenue. Staff Contact: Remigio Cordero (Ocotillo District). Mr. Remigio Cordero, Associate Planner, presented the application, reviewing the site and request. Ms. Tana Nichols, representative for Habitat for Humanity, stated that this will be the first two-story, two car garage model. She said that Metro Tech assisted with the construction department and came up with a plan that provided more variety. She stated that this opens up new parcels that can be used. Chairperson Gallegos asked about the requirements to acquire a home. Ms. Nichols stated that there was a strict process. She said an applicant must earn 30 to 60 percent of the medium income. She said you have to have excellent credit and be working. She went on and named further criteria. Boardmember Passmore asked if there was ever any follow up after the family moves in to the home. She stated that there are many services established to help should something go wrong. She added that they do not do home visits. She said once the family moves in that it is their home. Chairperson Gallegos asked the Board if they had any other questions for the applicant. There were no responses. He closed the public hearing and called for discussion by the Board, as there were no speaker cards turned in. Based on the facts of evidence presented, Mr. Paladini requested a vote from the Board. He then went on to ask the following questions and waited for the recording secretary to poll the Board after each finding. Finding One: Does the Board find that there are special circumstances or conditions applicable to the property, including size, shape, topography, location or surroundings, which were not self-imposed by the owner? The Board was polled on the 1st finding and responded with a 6-0 vote of"Yes". Finding Two: Does the Board find that due to the special circumstances, the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties, in the same classification, in the same zoning district? The Board was polled on the 2nd finding and responded with a 6-0 vote of"Yes". January 11,2007 Board Of Adjustment Minutes Page 7 Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? The Board was polled on the 3rd finding and responded with a 6-0 vote of"Yes". Finding Four: Does the Board find the granting of the variance will not have a detrimental effect on the property, adjoining property, surrounding neighborhoods or the city in general? The Board was polled on the 4th finding and responded with a 6-0 vote of"Yes". Mr. Paladini informed the Board that they had made an affirmative finding for the four findings; therefore, he then asked the Board if it was their desire to grant this applicant the variance subject to the site plan date-stamped September 22, 2006, with correction that the west-side setback is 61/2 feet. Chairperson Gallegos called for all those in favor. The Board APPROVED unanimously, 6-0. Chairperson Gallegos called for Other Business. Mr. Jacobs asked the Board if they planned on being at the next scheduled hearing because there were already cases. The Board members stated that they were planning to attend. Boardmember Schroth stated that he wanted it on the record that agenda item 1, finding two, should indicate 24 feet and not 22 feet. Mr. Cordero answered with a yes. Chairperson Gallegos called for the Planning Staff Report. There were no responses. Chairperson Gallegos called for Board Comments and Suggestions. The Board had a discussion on when it would be appropriate to make motions on variances since motions are no longer used to grant variances. They also discussed the differences in the procedures used in this meeting. Mr. Paladini stated that we would work through it as we go. Boardmember Lutz stated that when we took our training, Mr. Paladini said that to add the site plan it had to be by motion. Mr. Paladini stated that in order to try several variances, the Board must determine whether each different variance should be voted on together or individually. He stated that once again we would work through it as we go. Boardmember Schroth asked Mr. Paladini if the four questions he asked tonight were different from the original four findings questions, in the actual case file, which one is the most accurate. January 11,2007 Board Of Adjustment Minutes Page 8 Mr. Paladini stated that the minutes from these hearings are being recorded for that soul purpose. If there are any corrections or situations that require specific details to be mentioned or stipulated, this is the time for that to take place as it will be an official part of the record of what transpired here at these hearings. Chairperson Gallegos inquired about the number of votes required to pass a variance. Mr. Paladini stated that once you don't make it past the 1st, 2nd, or even 3rd or 4th we can't go forward. Each finding must have, at least, 4 votes to move on to the next finding. If there are 4 Board members present, all 4 have to have an affirmative vote. The Board of Adjustment is the only Board to require 4 votes. The others are majority. That does not apply here. As there was no further business, the meeting adjourned at 7:39 p.m. �u�l�..cording Secretary