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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 10/11/2007 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, OCTOBER 11,2007 7:00 P.M. Chairperson Sandy Burrell called the regular meeting to order at approximately 7:09 p.m. and explained the Board's policies and procedures. Chairperson Burrell conducted Roll Call with the following results: BOARDMEMBERS PRESENT: Sandy Burrell, Chairperson Hugh Leonardo Vice-Chairperson Al DeLossa William Barker Jim Ligon Peter McCormick BOARDMEMBERS ABSENT: Moe Gallegos CITY STAFF: Ray Jacobs,AICP, Zoning Administrator, Staff Liaison Russ Romney,Assistant City Attorney Peter Kulikowski,Associate Planner, Staff Contact Lisa Hunt, Senior Secretary,Recording Secretary Chairperson Burrell called for Approval of the Minutes for September 13, 2007. Boardmember DeLossa MADE a MOTION to APPROVE the minutes from the September 13, 2007, meeting. Vice Chairperson Leonardo SECONDED the MOTION. The motion passed unanimously. Chairperson Burrell asked staff if there were any requests for Withdrawals or Continuances. Mr. Ray Jacobs, AICP,Zoning Administrator and Staff Liaison, stated that there were none. Chairperson Burrell explained the public hearing procedures. Mr. Peter Kulikowski,Associate Planner and Staff Contact, explained that all four variance request cases were being applied for by the Valley of the Sun Habitat for Humanity. He stated that the Board of Adjustment Minutes October 11,2007 Page 2 next two cases would be addressed jointly, however would be voted on separately. The two cases were VAR07-09 and VAR07-11. AGENDA ITEM: 1. VAR07-09. A request by Valley of the Sun Habitat for Humanity for a variance in the Multi-family Residential (R-4) zoning district to decrease the east and west side-yard setbacks to 15 feet where 20 feet is required. This is for the construction of a new single-family home on the property located at 6835 West Glenn Drive. Staff Contact: Peter Kulikowski (Ocotillo District). Mr. Peter Kulikowski, Associate Planner and Staff Contact, presented the application, reviewing the site and request. He 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 20, 2007. He noted that two stipulations had been set forth for approval of the variance. He stated that all mechanical equipment shall be ground mounted when homes are constructed and all utilities be placed underground. Chairperson Burrell called for questions from the Board. Boardmember Ligon asked for clarification in regards to a call received concerning trash receptacles. Mr. Kulikowski explained that the call was from a concerned neighbor that had been keeping the area clean using the receptacles. The neighbor was concerned as to where the receptacles would be placed once the homes were built. Mr. Kulikowski stated that there was an alley way behind the development and would assume the receptacles would be placed there; however,he directed the caller to the Sanitation Department to be sure. Chairperson Burrell called for any other questions. Chairperson Burrell called for the applicant to come forward and make a presentation. Ms. Tana Nichols, applicant, for the Valley of the Sun Habitat for Humanity, stated that she was very excited for the opportunity to be here and request this variance. She explained that she was very pleased that they were able to secure these four home lots. She stated that they had two houses scheduled for a November build and two more in January. Boardmember Ligon asked if these were standard model homes. Ms. Nichols stated that these were standard one-story models with one being a three bedroom and the other a four bedroom. Boardmember Ligon asked to see pictures of the models. Ms. Nichols said that she typically did always carry photos; unfortunately, she did not have them today. She directed them to the Habitat for Humanity website. She discussed the various models built in different areas around the valley as well as the many challenges associated with it. Board of Adjustment Minutes October 11,2007 Page 3 Chairperson Burrell thanked the applicant and called for any other questions from the Board. Chairperson Burrell opened the floor for public comments. As there were none, she closed the public hearing and called for any other questions or discussions from the Board. The Board had no questions; therefore, she asked Mr. Russ Romney, Deputy City Attorney and Legal Counsel, 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 1st finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 2nd finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 3rd finding with a 6-0 vote of"Aye". 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 4th finding with a 6-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-09 subject to the site plan and floor plan date-stamped July 18, 2007, with the two stipulations set forth. Ms.Hunt polled the Board and the variance was APPROVED, 6-0. AGENDA ITEM: 2. VAR07-11. A request by Valley of the Sun Habitat for Humanity for Variances in the R-4 (Multi-family Residential) district to decrease the east side-yard set back to 14 and west side-yard setback to 15 feet where 20 feet Board of Adjustment Minutes October 11,2007 Page 4 is required. This is for the construction of a new single-family home on the property located at 6831 West Glenn Drive. Staff Contact: Peter Kulikowski (Ocotillo District). Mr. Peter Kulikowski, Associate Planner,presented the application, reviewing the site and request. He 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 20, 2007. He noted that two stipulations had been set forth for approval of the variances. Chairperson Burrell called for questions from the Board. Since the two cases had been addressed jointly,the applicant did not make a presentation on the second request. Chairperson Burrell opened the floor for public comments. As there were none,the public hearing was closed. Chairperson Burrell called for any other questions or discussions from the Board. The Board had no questions; therefore, she asked Mr. Russ Romney,Deputy City Attorney and Legal Counsel,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? Chairperson Burrell conducted a verbal vote. The Board responded on the 1st finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 2nd finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 3rd finding with a 6-0 vote of"Aye". 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? Board of Adjustment Minutes October 11,2007 Page 5 Chairperson Burrell conducted a verbal vote. The Board responded on the 4th finding with a 6-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-11 subject to the site plan and floor plan date-stamped August 3, 2007 with the stipulation set forth. The Board was polled and the variance was APPROVED,6-0. Mr. Peter Kulikowski, Associate Planner stated that the next two Valley of the Sun Habitat for Humanity cases would be addressed jointly,however would be voted on separately. The two cases were VAR07-10 and VAR07-12. AGENDA ITEM: 3. VAR07-10. A request by Valley of the Sun Habitat for Humanity for Variances in the R-3 (Multi-family Residential) district to decrease the north and south side-yard setbacks to 10 feet where 20 feet is required. This is for the construction of a new single-family home on the property located at 7116 North 48th Avenue. Staff Contact: Peter Kulikowski (Cactus District). Mr. Peter Kulikowski, Associate Planner, presented the application,reviewing the site and request. He 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 20, 2007. Chairperson Burrell called for questions from the Board. Vice Chair Leonardo commented that even though the set backs were set for ten feet, they were actually a bit larger and wider to accommodate the house placement. Mr. Kulikowski stated that he was correct;however if the variance was approved,they would be built subject to the site plans. Chairperson Burrell opened the floor for public comments. Ms. Irmgard Holm, residing at 4763 West Palmaire Avenue, Glendale, stated her concerns regarding trash accumulating in and around the area. She had concerns with more trash being accumulating with additional homes developed. She also needed clarification as to whether these homes were for low income residents. She added that she loved the area and was very disappointed when trash littered the city streets. Chairperson Burrell explained that the homes were one story developments and would improve this area greatly. Mr. Ray Jacobs, AICP, Zoning Administrator and Staff Liaison, thanked Ms. Holm for her concerns in keeping the city clean. Ms. Elena Bishop, residing at 4747 West Palmaire Avenue, Glendale, stated that her concerns centered on property values. She explained that the two homes being developed were in the Board of Adjustment Minutes October 11,2007 Page 6 middle of an apartment complex and a drug rehabilitation center. She said that the resale of these homes in that area would bring the rest of the real estate value down. She stated that she would like to possibly see a commercial building instead. Chairperson Burrell called for the applicant to come forward and address some of these issues. Ms. Tana Nichols, applicant, for the Valley of the Sun Habitat for Humanity, stated that in response to the question asked in regards to this project only being for low income people, she said that they service the 30th to 70th percentile of the population income range. She added that they had their own mortgage company and had never had a default. The majority of the homeowners were teachers, nurses, firemen and police officers who were looking for a start in affordable housing. She explained that the home price range was around $120,000 and that would be the value shown when researching the area. She further added that typically, when they go into neighborhoods to start developments, people were very excited that the lot would no longer be vacant and collecting trash. Chairperson Burrell closed the public hearing. Chairperson Burrell called for any other questions or discussions from the Board. The Board had no questions; therefore, she asked Mr. Russ Romney,Deputy City Attorney and Legal Counsel,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? Chairperson Burrell conducted a verbal vote. The Board responded on the 1st finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 2nd finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 3rd finding with a 6-0 vote of"Aye". Board of Adjustment Minutes October 11,2007 Page 7 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 4th finding with a 6-0 vote of"Aye". Mr. Romney asked if based on the findings, does the Board wish to grant variance VAR07-10 subject to the site plan and floor plan date-stamped August 20, 2007. The Board was polled and the variance was APPROVED, 6-0. AGENDA ITEM: 4. VAR07-12. A request by Valley of the Sun Habitat for Humanity for Variances in the R-3 (Multi-family Residential) district to decrease the north and south side-yard setbacks to 10 feet where 20 minimum side-yard setbacks are required. This is for the construction of a new single-family home on the property located at 7112 North 48th Avenue. Staff Contact: Peter Kulikowski (Cactus District). Mr. Peter Kulikowski, Associate Planner,presented the application, reviewing the site and request. He 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 20, 2007. Chairperson Burrell called for questions from the Board. Since the two cases were addressed jointly,there was no presentation from the applicant on the second request. Chairperson Burrell opened the floor for public comments. As there were none, the public hearing was closed. Chairperson Burrell called for any other questions or discussions from the Board. The Board had no questions; therefore, she asked Mr. Russ Romney,Deputy City Attorney and Legal Counsel, 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 1st finding 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? Board of Adjustment Minutes October 11,2007 Page 8 Chairperson Burrell conducted a verbal vote. The Board responded on the 2nd finding 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 3rd finding with a 6-0 vote of"Aye". 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? Chairperson Burrell conducted a verbal vote. The Board responded on the 4th finding with a 6-0 vote of"Aye". Mr. Romney asked if based on the findings, does the Board wish to grant variance VAR07-12 subject to the site plan and floor plan date-stamped August 20,2007. The Board was polled and the variance was APPROVED, 6-0. Chairperson Burrell called for Other Business. Mr. Jacobs informed the Board of the Arizona Department of Commerce Boards and Commissions Conference on December 7,2007. He stated that the first registration would be November 1, 2007. He encouraged at least one board member to attend. Mr. Jacobs suggested vacating the November 8, 2007, meeting because of the Arizona Planning Conference, the City of Glendale's hosting, scheduled also in November. He asked for a motion from the Board. Boardmember DeLossa MADE a MOTION to VACATE the November 8, 2007, meeting. Boardmember Barker SECONDED the MOTION. The motion passed unanimously,6-0. Next Meeting: December 13, 2007. Chairperson Burrell called for the Planning Staff Report. There was none. Chairperson Burrell called for Board Comments and Suggestions. As there was none, the meeting adjourned at 7:54 p.m. 4661111, 1147 APP. Lisa H 67ra.' cora'•: Se retary