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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/13/2007 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, DECEMBER 13, 2007 7:00 P.M. Chairperson Burrell called the regular meeting to order at approximately 7:00 p.m. and explained the Board's policies and procedures. Chairperson Burrell conducted Roll Call with the following results: BOARD MEMBERS PRESENT: Sandy Burrell, Chairperson Hugh Leonardo, Vice Chairperson William Barker Jim Ligon Moe Gallegos BOARD MEMBERS ABSENT: Al DeLossa Peter McCormick CITY STAFF: Bill Luttrell, Interim Zoning Administrator, Staff Liaison Jim May, Interim Planning Director Russ Romney,Assistant City Attorney, Legal Counsel Remigio Cordero, Planner Peter Kulikowski, Associate Planner Lisa Hunt, Senior Secretary, Recording Secretary Chairperson Burrell called for Approval of the Minutes for October 11, 2007. Vice Chairperson Leonardo MADE a MOTION to APPROVE the minutes from the October 11, 2007 meeting. Boardmember Barker SECONDED the MOTION. The motion passed unanimously. Chairperson Burrell asked staff if there were any requests for Withdrawals or Continuances. Mr. Bill Luttrell, Interim Zoning Administrator and Staff Liaison, stated that there were none. Chairperson Burrell explained the public hearing procedures. December 13,2007 Board of Adjustment Minutes Page 2 AGENDA ITEM: 1. VAR07-07: A request by Troy Theall for a variance in the Suburban Residential (SR-17) zoning district to decrease the west side-yard setback to ten feet where a 15-foot setback is required. The property is located at 7625 West Michigan Avenue. Staff Contact: Peter Kulikowski (Sahuaro 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 September 25, 2007. Chairperson Burrell called for questions from the Board. Boardmember Gallegos asked if the two bedrooms were extensions or new bedrooms altogether. Mr. Kulikowski stated that they were new bedrooms. Boardmember Leonardo asked about a negative e-mail that had been received. He asked if the person lived in the surrounding area. Mr. Kulikowski stated that the interested party does not live in the immediate area, however does live within the city. Chairperson Burrell called for any other questions. Chairperson Burrell called for the applicant to come forward and make a presentation. Mr. Troy Theall, applicant, stated that he had been a Glendale resident for six years and had lived at the Michigan address for close to three years. He said he was here to answer any questions. Boardmember Leonardo asked the applicant what the dimensions for the second bedroom were. Mr. Theall stated that the dimensions were approximately 12 by 14. Boardmember Ligon asked if they had any new additions to the family. Mr. Theall stated that his family had a new baby girl born on November 29, 2007 and needed the expansion. Chairperson Burrell thanked the applicant and called for any other questions from the Board. Boardmember Leonardo commented that the new bedroom dimensions were reasonable. Chairperson Burrell stated that it all appeared to meet the four findings. 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. December 13,2007 Board of Adjustment Minutes Page 3 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 Chairperson Burrell called for a voice vote from 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? Chairperson Burrell called for a voice vote on the 1st finding and the Board responded with a 5-0 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 called for a voice vote on the 2nd finding and the Board responded with a 5-0 vote of"Aye". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? Chairperson Burrell called for a voice vote on the 3rd finding and the Board responded with a 5-0 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 called for a voice vote on the 4th finding and the Board responded with a 5-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-07 subject to the site plan and floor plan date-stamped September 25, 2007 with the two stipulations set forth. Ms. Lisa Hunt,Recording Secretary, polled the Board. VAR07-07 was APPROVED, 5-0. AGENDA ITEM: 2. VAR07-13: A request by Jose Gonzalez for a variance in the Multiple Residence (R-3) zoning district to reduce the west and east side-yard setback to 9.5 feet where a 20-foot setback is required. The property is located at 5312 West Glenn Drive. Staff Contact: Remigio Cordero (Ocotillo District). Mr. Remigio Cordero, 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 subject to the stipulations listed in the staff report. December 13,2007 Board of Adjustment Minutes Page 4 Chairperson Burrell called for questions from the Board. Boardmember Ligon asked if there were any roads east or west of the property. Mr. Cordero stated that there was a private easement road by the property. He added that the construction would not hinder access to the road during or after construction. The private road is the only access for the neighbor behind the applicant's property. Boardmember Gallegos asked if the applicant's property was vacant now. Mr. Cordero stated that the property had been vacant for some time. Boardmember Gallegos had a question in regards to a letter asking what the property would be used for. Mr. Cordero stated that the applicant was planning to live there. Chairperson Burrell commented that at a glance it looked to be quite a small development, however according to the report,the living space would be approximately 1,500 square feet. Mr. Luttrell explained the R-3 zoning district and the development in the surrounding area. Chairperson Burrell commented on improvements to the city and single family homes playing a big part in that contribution. Boardmember Ligon commented on the space also being a good location for building narrow apartments. Boardmember Barker asked if the buildings to the north were also single family residences. Mr. Cordero stated that he was correct. Boardmember Ligon commented on some of these properties being built in 1910. Chairperson Burrell called for the applicant to come forward and make a presentation. Mr. Jose Morales, applicant's representative, stated that he would be translating for his father. He stated that his father has come to answer any questions and to also ask the Board's approval of the variance. Additionally, he asked for clarification on a six foot block wall that his father would like to build on his backyard property. Mr. Cordero stated that he was allowed to build the wall on his property without needing a variance. Chairperson Burrell reiterated that once the variance was allowed and the house built, he would need to build a fence or wall six feet or higher. Mr. Morales asked if the driveway leading to the property was their responsibility or the city's. Mr. Cordero stated that once the construction documents were reviewed, they would make their determination. He noted that engineering required that all residences have a driveway entering into the garage. December 13,2007 Board of Adjustment Minutes Page 5 Mr. Morales also inquired as to the water line possibly being a problem. Mr. Cordero stated that after discussing it with engineering,he sees no problem. Chairperson Burrell opened the floor for public comments. Mr. Anthony Quidera, residing at 5316 West Glenn Drive, Glendale, stated that he was the neighbor behind the applicant's property. He stated his concerns with the water line and the brick wall being built. Mr. Cordero explained on the map were the wall would be built. Mr. Quidera commented that he would also like to keep the narrow road private because of fear of water line brakes. Mr. Cordero was able to put his concerns to rest. Mr. Luttrell explained that this hearing was only to grant the variance. Once the variance was passed, any other issues would be reviewed by Engineering, Building and Planning during construction plan review. Chairperson Burrell closed public hearing. Boardmember Leonardo commented that this variance was reasonable even though the lot seemed narrow and small. Boardmember Gallegos commented that it was great to see a difficult vacant lot work to make someone a good family home. Chairperson Burrell called for any other questions or discussions from the Board. The Board had no questions;therefore, she 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 Chairperson Burrell called for a voice vote from 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? Chairperson Burrell called for a voice vote on the 1st finding and the Board responded with a 5-0 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 called for a voice vote on the 2nd finding and the Board responded with a 5-0 vote of"Aye". December 13,2007 Board of Adjustment Minutes Page 6 Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? Chairperson Burrell called for a voice vote on the 3rd finding and the Board responded with a 5-0 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 called for a voice vote on the 4th finding and the Board responded with a 5-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-13 subject to the site plan and floor plan date-stamped September 6, 2007 with the stipulation set forth. Ms. Hunt polled the Board. VAR07-13 was APPROVED, 5-0. AGENDA ITEM: 3. VAR07-14: A request by Rudy Markham on behalf of the owner, Joy Acree, for a variance in the Suburban Residence (SR-17) zoning district to reduce the west side-yard setback to 7.4 feet where a 15-foot setback is required. The property is located at 6908 West Wagoner Road. Staff Contact: Remigio J. Cordero (Sahuaro District). Mr. Cordero 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 29, 2007. Chairperson Burrell called for questions from the Board. As there were none, she called for the applicant to come forward to make a presentation. Mr. Rio Markhum, applicant's representative, residing at 14264 W Claredon, Goodyear, stated that he was here to speak on behalf of his father. He said that he agreed with the staff report and had nothing to add,however would answer any questions. Boardmember Gallegos asked Mr. Markhum if he was the builder. Mr. Markhum stated that he was correct. Boardmember Leonardo asked if there was only one parking facility or was there another parking garage attached to the home. Mr. Markhum stated that there would be only one. 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. Romney to proceed with the findings. December 13,2007 Board of Adjustment Minutes Page 7 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 Chairperson Burrell called for a voice vote from 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? Chairperson Burrell called for a voice vote on the 1st finding and the Board responded with a 5-0 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 called for a voice vote on the 2nd finding and the Board responded with a 5-0 vote of"Aye". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? Chairperson Burrell called for a voice vote on the 3rd finding and the Board responded with a 5-0 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 called for a voice vote on the 4th finding and the Board responded with a 5 -0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-14 subject to the site plan and floor plan date-stamped August 29, 2007. Ms. Hunt polled the Board. VAR07-14 was APPROVED, 5-0. Chairperson Burrell called for Other Business. There was none. Chairperson Burrell stated that they will vacate the January meeting and meet again in February. Mr. Luttrell stated that the next meeting is scheduled for February 14, 2008. Chairperson Burrell called for the Planning Staff Report. There was none. Chairperson Burrell called for Board Comments and Suggestions. December 13,2007 Board of Adjustment Minutes Page 8 Boardmember Leonardo welcomed Mr. Luttrell to the Board of Adjustment. Chairperson Burrell called for any other Board Comments and Suggestions. As there were none, the meeting adjourned at 7:54 p.m. aridfllir'AII9k—vPr AP- Lisa Hut Recording Secretary