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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/13/2007 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, SEPTEMBER 13, 2007 7:00 P.M. Vice-Chairperson Leonardo called the regular meeting to order at approximately 7:00 p.m. and explained the Board's policies and procedures. Vice-Chairperson Leonardo conducted Roll Call with the following results: BOARD MEMBERS PRESENT: Hugh Leonardo, Vice-Chairperson Moe Gallegos Al DeLossa William Barker Jim Ligon Peter McCormick BOARD MEMBERS ABSENT: Sandy Burrell, Chairperson CITY STAFF: Ray Jacobs, AICP, Zoning Administrator, Staff Liaison Russ Romney, Assistant City Attorney, Legal Counsel Remigio Cordero, Planner Peter Kulikowski, Associate Planner Marilyn Clark, Senior Secretary Lisa Hunt, Senior Secretary, Recording Secretary Vice-Chairperson Leonardo called for Approval of Minutes for July 12 and August 9, 2007. Boardmember Ligon MADE a MOTION to APPROVE the minutes from the July 12, 2007 meeting. Boardmember McCormick SECONDED the MOTION. The motion passed unanimously. Boardmember Gallegos MADE a MOTION to APPROVE the minutes from the August 9, 2007, meeting. Boardmember Barker SECONDED the MOTION. The motion passed unanimously. Vice-Chairperson Leonardo asked staff if there were any requests for Withdrawals or Continuances. Board of Adjustment Minutes September 13,2007 Page 2 Mr. Ray Jacobs, AICP, Zoning Administrator and Staff Liaison, stated that there were none. Vice-Chairperson Leonardo explained the public hearing procedures. AGENDA ITEM: 1. VAR07-06 REQUEST: A request by James Wilson for variances in the Agricultural (A-1) district to 1.) Decrease the west side-yard setback to 30 feet where 50 feet side is required. 2.) Decrease the front-yard setback to 40 feet where 75 feet is required. This request is for room additions to the existing residence for the property located at 6007 West Cortez Street. Staff Contact: Peter Kulikowski (Barrel District). Mr. Peter Kulikowski, Associate Planner, presented the application, reviewing the site and request. He also stated that the variance request appears to meet the required four findings and should be recommended for approval subject to the site plan date-stamped July 18, 2007. Vice-Chairperson Leonardo called for questions from the Board. Ms. Lisa Hunt, Recording Secretary, noted that there seemed to be some confusion as to whether the address was an "Avenue" or "Street". She stated that the agenda identified it as an "Avenue" and the staff report identified it as a"Street". Mr. Kulikowski and Mr. Jacobs, both, confirmed that it was a"Street" and the result of an administrative error. Mr. Russ Romney, Assistant City Attorney and Legal Counsel, stated that this record reflection would suffice. Vice-Chairperson Leonardo called for any other questions. Boardmember Gallegos asked for clarification as to the two setbacks and if they were non-conforming. Mr. Kulikowski stated that the two setbacks in question were legal non-conforming to the A-1 district. Vice-Chairperson Leonardo called for the applicant to come forward and make a presentation. Mr. James Wilson, applicant residing at 6007 West Cortez Street, introduced himself and explained the situation surrounding the variance request. He stated that he had lived there for over 30 years and had built the house himself. He explained that all the bedrooms were located upstairs and that with his health problems he needed a master bedroom on the lower level for greater accessibility. Vice-Chairperson Leonardo thanked the applicant and called for any other questions from the Board. Board of Adjustment Minutes September 13,2007 Page 3 Boardmember DeLossa asked if a master bath would be part of the addition. Mr. Wilson said that it would. Boardmember DeLossa asked if those lots were still considered horse properties. Mr. Wilson explained that they were not only horse properties but also cows, goats and chickens were allowed. Boardmember Ligon commented that the master bedroom being built was very large. He noted that it was almost 1/3 of the total house square footage. Mr. Wilson explained that most of it was being used to install good insulation. Vice-Chairperson Leonardo opened the floor for public comments. As there were none, the public hearing was closed. Vice-Chairperson Leonardo called for any other questions or discussions from the Board. The Board had no questions; therefore, he asked Mr. Russ Romney to proceed with the findings. Based on the facts and evidence presented, Mr. Romney requested a vote from the Board. He then went on to ask the following questions and waited as the Board was polled 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"Aye". 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"Aye". 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"Aye". Finding Four: Does the Board find that 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"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-06 subject to the site plan and floor plan date-stamped July 18, 2007. Board of Adjustment Minutes September 13,2007 Page 4 The Board was polled and the variance was APPROVED, 6-0. AGENDA ITEM: 2. VAR07-08 REQUEST: A request by German Carrillo for a variance in the Multiple Residence (R-4) district to reduce the north and south side-yard setbacks to 10 feet where 20 feet is required. This request is for the construction of a new single-family residence for the property located at 6430 North 64th Drive. Staff Contact: Remigio J. Cordero (Ocotillo District). Mr. Remigio Cordero, Planner, presented the application, reviewing the site and request. He stated that there had been one e-mail in opposition that had come in late. He also stated that the variance request appears to meet the required four findings and should be recommended for approval subject to the site plan date-stamped August 3, 2007. Vice-Chairperson Leonardo called for questions from the Board. Vice-Chairperson Leonardo asked how long the property had been vacant. Mr. Cordero stated that the property had been vacant a very long time. Vice-Chairperson Leonardo then inquired on the bases of the e-mail opposing the application. Mr. Cordero stated that the opposition believed that the setback requirements were not being met. Mr. Ray Jacobs, AICP, Zoning Administrator, further explained as to the odd shaped lot. He stated that it does meet the required findings. Vice-Chairperson Leonardo commented that the odd shaped lots were typical of that area of town. Boardmember DeLossa asked if the opposing party was a nearby neighbor. Mr. Cordero stated that the opposing party did not live in close proximity to the applicant. Boardmember DeLossa questioned the opposition's interest in this matter. Mr. Jacobs explained that they send notices out to different districts in the area and on occasion receive comments from people from different locations. Boardmember DeLossa commented on the 83 letters that were sent out with no negative responses other than the e-mail. He added that it seemed that most people were in approval of the application. Vice-Chairperson Leonardo called for the applicant to come forward and make a presentation. Mr. German Carrillo, applicant, residing at 442 East Harrison Street, Chandler, introduced himself and explained the situation surrounding the variance request. He asked the Board to approve the application. Vice-Chairperson Leonardo thanked the applicant and called for any other questions from the Board. Board of Adjustment Minutes September 13,2007 Page 5 Boardmember DeLossa asked why he was relocating to Glendale from Chandler. Mr. Carrillo stated that he liked the Glendale area and wanted a change from Chandler. Boardmember Ligon commented on the front rooms facing other properties instead of the street. Mr. Carrillo explained that it was because of the shape of the lot. He said it could not be helped. Boardmember Gallegos asked if he was the owner of the property or was it his parents. Mr. Carrillo stated that he owned the property in Glendale. He added that his parents would possibly be moving in with him. Boardmember DeLossa asked if the applicant had a time-frame for completion in mind. Mr. Carrillo stated that he estimated between four to five months. Boardmember Gallegos commented on these types of properties that have been vacant because of their odd shape. He praised the applicant for being able to work with the property and make it a nice home. Vice-Chairperson Leonardo agreed. Vice-Chairperson Leonardo opened the floor for public comments. As there were none, the public hearing was closed. Vice-Chairperson Leonardo called for any other questions or discussions from the Board. The Board had no questions; therefore, he asked Mr. Romney to proceed with the findings. Based on the facts and evidence presented, Mr. Romney requested a vote from the Board. He then went on to ask the following questions and waited as the Board was polled 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"Aye". 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"Aye". 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"Aye". Board of Adjustment Minutes September 13,2007 Page 6 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"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-08 subject to the site plan and floor plan date-stamped August 3, 2007. The Board was polled and the variance was APPROVED, 6-0. Vice-Chairperson Leonardo called for Other Business. Mr. Jacob passed out copies of a proposed Zoning Text Amendment (ZTA07-01) for the Boards review. He reviewed the amendment regarding quorums and other issues that would affect the Board. Mr. Jacobs welcomed Boardmember DeLossa back after his illness. He then stated that the next meeting would be October 11, 2007. Vice-Chairperson Leonardo called for the Planning Staff Report. There was none. Vice-Chairperson Leonardo called for Board Comments and Suggestions. As there was none, the meeting adjourned at 7:40 p.m. 41"0111,:ordin-S-cretary