Loading...
HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 3/8/2007 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, MARCH 8,2007 7:00 P.M. Chairperson Moe Gallegos called the regular meeting to order at approximately 7:00 p.m., with the following members and representatives present: BOARD MEMBERS PRESENT: Moe Gallegos, Chairperson Sandy Burrell, Vice Chair Hugh Leonardo Rodney Passmore BOARD MEMBERS ABSENT: Al DeLossa Michael Schroth 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 January 11, 2007, and February 8, 2007, minutes. Board member Rodney Passmore MADE a MOTION to APPROVE the minutes from the January 11, 2007, and February 8, 2007, meetings. Board member Hugh Leonardo SECONDED the MOTION. The motion passed unanimously. Chairperson Gallegos asked staff if there were any requests for withdrawals or continuances. Mr. Ray Jacobs, AICP, Zoning Administrator, asked the applicants if they wish for continuances due to only 4 members being present. Both applicants stated that they were willing to remain and let the board make their findings. Board of Adjustment Minutes March 8,2007 Page 2 Chairperson Gallegos called for public hearing items. He reminded everyone on the procedures being used today. AGENDA ITEM: 1. VAR07-01 REQUEST: A request by Sandra Plentzas for a variance in the Agricultural (A-1) district to increase lot coverage to 17 percent where a maximum of 10 percent is permitted and to decrease the side-yard setback to 11 feet where a 50-foot side-yard setback is the minimum. This request is for the construction of room additions to the existing home. The property is located at 6042 West Monte Cristo Avenue. 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 January 29, 2007. Chairperson Gallegos called for questions from the board. As there was none, Chairperson Gallegos stated that the setbacks are already below, is that correct. Mr. Cordero stated that was correct,yes. Ms. Sandra Plentzas, applicant, requested approval of this variance. Chairperson Gallegos called for questions from the board. There were none. Chairperson Gallegos closed the public hearing. Chairperson Gallegos called for questions from the board. The board had no questions; therefore, he motioned Mr. Paladini. Mr. Jon Paladini, Deputy City Attorney, stated that he was going to be changing the way we've been polling the board. He stated that instead of having the recording secretary poll every board member, in reference to each of the four findings, he wondered if Chairperson Gallegos would merely call for a vote. Mr. Paladini stated that the recording secretary will annotate the vote as unanimous should all agree. If any do not, their names will be listed for the record and the vote recorded. 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 chairperson 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? Board of Adjustment Minutes March 8,2007 Page 3 The board was polled on the 1st finding and responded with a 4-0 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 4-0 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 4-0 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 4-0 vote of"No". Mr. Paladini asked that if based on the findings, does the board wish to grant variance VAR07-01 subject to the site plan date-stamped January 29, 2007. The board was polled and the variance was APPROVED, 4-0. AGENDA ITEM: 2. VAR07-04 REQUEST: A request by Habitat for Humanity for a variance in the Multiple Residence (R-3) district to reduce the perimeter setback to 10 feet where a 20-foot minimum perimeter setback is required. This variance is for the addition of a single-story, attached garage. The property is located at 7116 North 53rd 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 should be recommended for approval subject to the site plan date-stamped February 8, 2007. Ms. Tana Nichols of Habitat for Humanity, applicant, requested approval of this variance. Chairperson Gallegos called for questions from the board. Mr. Jacobs stated that there were two stipulations for this case. He read stipulation 2 from the staff report which stated that all mechanical equipment shall be ground-mounted. Ms.Nichols stated that she does not have a problem with the second stipulation. Board of Adjustment Minutes March 8,2007 Page 4 The board appeared satisfied; therefore, Chairperson Gallegos motioned Mr. Paladini. 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 chairperson 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 4-0 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 4-0 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 4-0 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 4-0 vote of"No". Mr. Paladini asked that if based on the findings, does the board wish to grant variance VAR07-04 subject to the site plan date-stamped February 8, 2007. The board was polled and the variance was APPROVED, 4-0. Chairperson Gallegos called for Other Business. Mr. Jacobs stated that the city doesn't have any cases for next month and suggested that the board vote on vacating the meeting scheduled for April 12, 2007. Vice Chair Burrell MADE a MOTION to vacate the April 12, 2007, meeting. Board member Leonardo SECONDED the MOTION. The motion passed unanimously. Chairperson Gallegos called for the Planning Staff Report. There was no response. Chairperson Gallegos called for Board Comments and Suggestions. There was no response. Board of Adjustment Minutes March 8,2007 Page 5 Mr. Paladini stated that he wanted to get the board's opinion on the new procedures. The board agreed that they approved of the procedural change. As there was no further business,the meeting adjourned at 7:21 p.m. Lisa- ►. 'ecordin Sec-etary