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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 2/8/2007 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY,FEBRUARY 8, 2007 7:00 P.M. Chairperson Moe Gallegos called the regular meeting to order at approximately 7:01 p.m., with the following members and representatives present: BOARD MEMBERS PRESENT: Moe Gallegos, Chairperson Sandy Burrell, Vice Chairperson Al DeLossa Hugh Leonardo Rodney Passmore Michael Schroth BOARD MEMBERS ABSENT: Merry Lutz CITY STAFF: Jon Paladini,Deputy City Attorney Amy Rasor,Deputy City Attorney Ray Jacobs, AICP, Zoning Administrator Remigio Cordero, Associate Planner Peter Kulikowski, 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 January 3, 2007, minutes. There was a correction to the minutes to show Vice Chairperson Sandy Burrell was absent for the workshop. Boardmember Rodney Passmore MADE a MOTION to APPROVE the minutes from the January 3, 2007 Workshop meeting. Boardmember Hugh Leonardo SECONDED the MOTION. The motion passed unanimously. February 8,2007 Board Of Adjustment Minutes Page 2 Chairperson Gallegos asked staff if there were any requests for withdrawals or continuances. There were none. Chairperson Gallegos called for public hearing items. He reminded everyone on the procedures being used today. AGENDA ITEM: 1. VAR06-21 REQUEST: A request by Juan Cardoza for a variance in the R-4 - Multiple Residence district to reduce the side-yard setbacks to 10 feet and 8 feet where 20-foot perimeter setback is required. This variance is for the construction of a single-story room addition to the existing home. The property is located at 7153 North 55th 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 November 6, 2006. Boardmember Leonardo inquired as to the age of the structure. Mr. Cordero stated that the home was built in 1945 according to the staff report. Vice Chairperson Burrell asked if allowances had been made to the 10-foot and 8-foot setbacks for emergency vehicles should the need arise. Mr. Cordero stated that the home is easily accessible should there be an emergency. He added that if the variance were approved they would still need to acquire building permits and fire safety inspections. Boardmember Passmore inquired about a possible rezoning procedure for this area. Mr. Cordero stated that the rezoning in question was in the Catlin Court area. It was located two streets north of this location. Boardmember Leonardo asked when the current zoning was established. Mr. Cordero stated that the entire area was rezoned in 1988. Mr. Juan Cardoza, applicant, stated he was asking for approval of this variance for an addition to his property. He said the purpose was to have an extra room for his family. Chairperson Gallegos stated that it was always nice to see people working on older homes. He said that the older neighborhoods are greatly improved by additions and upgrades. Based on the facts and evidence presented, Mr. Jon Paladini, Deputy City Attorney, 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. February 8,2007 Board Of Adjustment Minutes Page 3 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"No". Mr. Paladini asked that if based on the findings, does the Board wish to grant variance VAR06-21 subject to the site plan date-stamped November 6, 2006. The Board was polled and the variance was APPROVED, 6-0. AGENDA ITEM: 2. VAR06-23 REQUEST: A request by Monica Prado for a variance in the R-2 - Multiple Residence district to reduce the side-yard setback to 4 feet where a 15-foot perimeter setback is required. This variance is for the construction of a back patio addition to the rear of the existing home. The property is located at 5310 West State Avenue. Staff Contact: Remigio Cordero (Cactus 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 23, 2006. Ms. Monica Prado, applicant, requested approval of this variance. Boardmember Leonardo asked what structure material the back patio was made of. Ms. Prado stated that is was made out of wood and will match the house. February 8,2007 Board Of Adjustment Minutes Page 4 Based on the facts and 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"No". Mr. Paladini asked that if based on the findings, does the Board wish to grant variance VAR06-23 subject to the site plan date-stamped October 23, 2006. The Board was polled and the variance was APPROVED, 6-0. AGENDA ITEM: 3. VAR06-26 REQUEST: A request by Guillermo Andrade for a variance in the R-3 - Multiple Residence district to reduce the side-yard setbacks to 6 feet and 3 feet where a 20-foot perimeter setback is required. This variance is for the construction of a single-story carport and patio addition to the front and side of the existing home. The property is located at 6821 North 60th Avenue. 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 December 13, 2006. 6 February 8,2007 Board Of Adjustment Minutes Page 5 Boardmember Leonardo asked if it was a covered carport. Mr. Cordero verified it was a covered carport. He added that the roof would match in size to the structure but will also be built for rain run off. Mr. Guillermo Andrade, applicant,requested approval of this variance. Based on the facts and 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"No". Mr. Paladini asked that if based on the findings, does the Board wish to grant variance VAR06-26 subject to the site plan date-stamped December 13, 2006. The Board was polled and the variance was APPROVED, 6-0. AGENDA ITEM: 4. VAR06-24 REQUEST: A request by Carrol Clark for a variance in the A-1 - Agricultural district to decrease the front-yard setback to 33 feet where 75 feet is required and the side-yard setback to 15 feet where 50 feet is required. This variance is for the construction of a bedroom and an attached garage addition to the February 8,2007 Board Of Adjustment Minutes Page 6 existing home. The property is located at 5239 West Cinnabar Avenue. Staff Contact: Peter Kulikowski (Barrel District). Mr. Peter Kulikowski, Associate Planner, presented the application, reviewing the site and request. He stated the variance request appears to meet the required four findings and if the Board approves the variance, it should be subject to the site plan date-stamped October 25, 2006. Mr. Carrol Clark, applicant, stated that he had nothing further to added but would answer any questions. There was no further discussion. Based on the facts and 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"No". Mr. Paladini asked that if based on the findings, does the Board wish to grant variance VAR06-24 subject to the site plan date-stamped October 25, 2006. The Board was polled and the variance was APPROVED, 6-0. February 8,2007 Board Of Adjustment Minutes Page 7 AGENDA ITEM: 5. VAR06-25 REQUEST: A request by Bill Abad for a variance in the R-3 - Multiple Residence district to reduce side-yard setbacks to 5 feet and 3 feet where a 20-foot perimeter is required. This variance is for the construction of a new single- family home. The property is located at 6721 North 55th Avenue. Staff Contact: Shaik Shabbeer(Ocotillo District). Mr. Shaik Shabbeer, Planner, presented the application, reviewing the site and request. He stated the variance request appears to meet the required four findings and if the Board decides to approve the variance, it should be subject to the site plan date-stamped January 10, 2007. Boardmember Leonardo inquired how long the lot had been vacant. Mr. Shabbeer stated that it was now vacant but was not sure of the date upon which it became vacant. He referred the question to the applicant. Mr. Bill Abad, applicant, stated that there had been two shacks that were torn down in September. He said that he is planning to build a house on the lot in which he will reside. Boardmember Michael Schroth commented that he appreciated that Mr. Abad desires to beautify the area and wished him luck with his new home. The Board agreed and thanked the applicant. Based on the facts and 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". February 8,2007 Board Of Adjustment Minutes Page 8 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"No". Mr. Paladini asked that if based on the findings, does the Board wish to grant variance VAR06-25 subject to the site plan date-stamped January 10, 2007. The Board was polled and the variance was APPROVED, 6-0. Chairperson Gallegos called for Other Business. The Board and staff welcomed new Boardmember Al DeLossa and congratulated Vice-Chairperson Burrell on her new position. Chairperson Gallegos called for the Planning Staff Report. There was none. Chairperson Gallegos stated that this process was still a bit new and going through changes. As there was no further business, the meeting adjourned at 7:49 p.m. Lisa • ungirre, cor7ng Secretary