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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 2/14/2008 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 14, 2008 7:00 P.M. In the absence of Chairperson Sandy Burrell and Vice Chairperson Hugh Leonardo, Boardmember William Barker volunteered to preside as Chairperson for this meeting and the Board agreed; therefore, he will be referred to as Chairperson Barker during the recording of the minutes. Chairperson William Barker called the regular meeting to order at approximately 7:09 p.m. and explained the Board's policies and procedures. Chairperson Barker conducted Roll Call with the following results: BOARD MEMBERS PRESENT: William Barker, Chairperson Al DeLossa Jim Ligon Peter McCormick BOARD MEMBERS ABSENT: Sandy Burrell, Chairperson Hugh Leonardo, Vice Chairperson Moe Gallegos CITY STAFF: Maryann Pickering, AICP, Interim Zoning Administrator Russ Romney, Assistant City Attorney Peter Kulikowski, Associate Planner Lisa Hunt, Senior Secretary Chairperson Barker called for Approval of the Minutes for December 13, 2007. Boardmember Ligon MADE a MOTION to APPROVE the minutes from the December 13, 2007, meeting. Boardmember McCormick SECONDED the MOTION. The motion passed unanimously. Chairperson Barker asked staff if there were any requests for Withdrawals or Continuances. February 14,2008 Board of Adjustment Minutes Page 2 Ms. Maryann Pickering, AICP, Interim Zoning Administrator and Staff Liaison, stated that there were none. Chairperson Barker explained the public hearing procedures. AGENDA ITEM: 1. VAR07-16: A request by Arkiton, LLC for a variance in the Multiple Residence (R-3) zoning district to decrease the north side-yard setback to 12 feet and the south side-yard setback to six feet where 20 feet is required. The property is located at 6612 North 54th Avenue. 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 December 17, 2007. He added that all mechanical equipment shall be ground mounted and all utilities shall be placed underground. Chairperson Barker called for questions from the Board. There were none. Chairperson Barker called for the applicant to come forward and make a presentation. The applicant was not present. Chairperson Barker asked for any further comments or questions. Boardmember DeLossa asked if there were any homes on either side of the lot. Mr. Kulikowski stated that there were existing homes on both sides of the lot. He added that this was an older neighborhood and was well developed. He noted that a house had previously been built on the lot; however, it had been demolished. Chairperson Barker opened the floor for public comments. As there were none, the public hearing was closed. Chairperson Barker called for any other questions or discussions from the Board. The Board had no questions; therefore, he 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 Chairperson Barker 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? February 14,2008 Board of Adjustment Minutes Page 3 Chairperson Barker called for a voice vote on the 1st finding and the Board responded with a 4-0 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 Barker called for a voice vote on the 2nd finding and the Board responded with a 4-0 vote of"Aye". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? Chairperson Barker called for a voice vote on the 3rd finding and the Board responded with a 4-0 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 Barker called for a voice vote on the 4th finding and the Board responded with a 4-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-16 subject to the site plan and floor plan date-stamped December 13, 2007 with the two stipulations set forth. Ms. Lisa Hunt, Senior Secretary and Recording Secretary, polled the Board. VAR07-16 was APPROVED, 4-0. AGENDA ITEM: 2. VAR07-17: A request by Cerreta Homes, LLC for a variance in the Suburban Residence (SR-17) zoning district to decrease the east side-yard setback to ten feet where 15 feet is required. The property is located at 7127 West Libby Street. 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 December 17, 2007. He added that all mechanical equipment shall be ground mounted and all utilities shall be placed underground. Chairperson Barker called for questions from the Board. Boardmember DeLossa asked for clarification on the home's square footage. February 14,2008 Board of Adjustment Minutes Page 4 Mr. Kulikowski stated that the footage was 4,865 feet and was a single level home. He noted that the footage also included the garage. Boardmember DeLossa asked what the square footage of the surrounding homes were. Mr. Kulikowski stated that they were between 2,800 and 3,700 square feet. Chairperson Barker called for the applicant to come forward and make a presentation. Mr. Jonathon Cerreta, applicant's representative, stated that he would like to clarify the square footage issue. He said that of the 4,865 footage, the garage alone was 1,800 square feet, making the home 3,000 square feet of livable space, therefore making it within standards. He noted the home would have a four car garage. He presented aerial pictures of the surrounding area which will now become a permanent part of the record and be maintained in the case file. He reviewed issues pertaining to this project, which included the ten foot clearance for the air conditioning unit and asphalt shingles, which were standard in the community. Boardmember McCormick asked for clarification on where the driveway would be located. Mr. Cerreta provided the information on the area map. Boardmember McCormick asked if it would be a concrete driveway and would it have a buffer. Mr. Cerreta stated that he believes the driveway will be built using concrete. He added that a buffer had not yet been determined; however,they would be glad to accommodate the Board. Boardmember DeLossa questioned the old fashion roof mounted air conditioning unit being requested on this new home. Mr. Cerreta stated that the owners had requested the old fashion air unit and were content with it. Ms. Maryann Pickering, AICP, Interim Zoning Administrator, clarified that Mr. Cerreta had brought up the roof mounted air unit issue because of stipulation number two, which stated that all mechanical equipment shall be ground, mounted which was standard on all new homes. Chairperson Barker opened the floor for public comments. As there were none, the public hearing was closed. Chairperson Barker called for any other questions or discussions from the Board. The Board had no questions; therefore, he asked Mr. Russ Romney, Deputy City Attorney and Legal Counsel, to proceed with the findings. February 14,2008 Board of Adjustment Minutes Page 5 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 Barker 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 Barker called for a voice vote on the 1st finding and the Board responded with a 4-0 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 Barker called for a voice vote on the 2nd finding and the Board responded with a 4-0 vote of"Aye". Finding Three: Does the Board find that the variance requested is the minimum necessary to alleviate the property hardships? Chairperson Barker called for a voice vote on the 3rd finding and the Board responded with a 4-0 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 Barker called for a voice vote on the 4th finding and the Board responded with a 4 -0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR07-17 subject to the site plan and floor plan date-stamped December 17, 2007 with the stipulation set forth. Ms. Lisa Hunt, Senior Secretary and Recording Secretary, polled the Board. VAR07-17 was APPROVED,4-0. Chairperson Barker called for Other Business. There was none. Chairperson Barker called for the Planning Staff Report. Ms. Pickering informed the Board of the upcoming Boards and Commissions Fair on April 29, 2008. She said they are being asked to invite a potential Boards or Commissions member to the event. She February 14,2008 Board of Adjustment Minutes Page 6 also announced that the next meeting will take place March 13, 2008, and that during those proceedings, she will be recommending vacating the April meeting, since there are currently no items scheduled. Chairperson Barker called for Board Comments and Suggestions. As there were none, the meeting adjourned at approximately 7:33 p.m. Lisa H , r ecording S-cretary