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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 5/8/2008 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B3 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, MAY 8, 2008 7:00 P.M. In the absence of Chairperson Sandy Burrell, Vice Chairperson Hugh Leonardo presided over this meeting. 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 William Barker Al DeLossa Moe Gallegos Jim Ligon Peter McCormick BOARD MEMBERS ABSENT: Sandy Burrell, Chairperson CITY STAFF: Maryann Pickering, AICP, Interim Zoning Administrator Garnet Emery, Deputy City Attorney Peter Kulikowski, Associate Planner Lisa Hunt, Senior Secretary Vice Chairperson Leonardo called for Approval of the Minutes for the meetings on February 14 and March 13, 2008. Boardmember DeLossa MADE a MOTION to APPROVE the minutes from the February 14, 2008, meeting. Boardmember Gallegos SECONDED the MOTION. The motion passed unanimously, 6-0. Boardmember Barker MADE a MOTION to APPROVE the minutes from the March 13, 2008, meeting. Boardmember Gallegos SECONDED the MOTION. The motion passed unanimously, 6-0. May 8,2008 Board of Adjustment Minutes Page 2 Vice Chairperson Leonardo asked staff if there were any requests for Withdrawals or Continuances. Ms. Maryann Pickering, AICP, Interim Zoning Administrator and Staff Liaison, stated that there were none. Vice Chairperson Leonardo explained the public hearing procedures. AGENDA ITEM: 1. VAR08-01: A request by Andres Valdez for a variance in the R-3 (Multiple Residence) zoning district to decrease the north side-yard setback to 14 feet and the south side-yard setback to five feet where 20 feet is required. The property is located at 7128 North 53rd Avenue. Staff Contact: Peter Kulikowski, Associate Planner (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 stipulations set forth and the site plan date-stamped October 17, 2007. He added that all mechanical equipment shall be ground mounted and all utilities shall be placed underground. Vice Chairperson Leonardo called for questions from the Board. Boardmember Moe Gallegos asked if the structure currently on the property would remain. Mr. Kulikowski stated that it will remain,the zoning district did allow for multiple residences. Boardmember Al DeLossa asked if the owner of the property also owned the current structure. Mr. Kulikowski deferred the question to the applicant. Boardmember Peter McCormick asked what the setbacks were for the current structure on the property. Mr. Kulikowski explained that they were 21 feet from the south property line, 12 feet from the north property line and 9 feet from the rear property line. Boardmember McCormick asked if the current structure was in conformance. Mr. Kulikowski stated that it was non-conforming with the south property being the only setback meeting guidelines. Boardmember Jim Ligon inquired if the garage area was in the lower left-hand corner of the design drawings. Mr. Kulikowski stated that he was correct. Boardmember Gallegos asked Mr. Kulikowski if the stipulations on this item were different because of the area or were they likely to see more of this in the future. Mr. Kulikowski explained that it was something being done throughout the city concerning residential and commercial properties. He said they are now requiring all utilities be placed underground for safety and appearance purposes. Boardmember Ligon asked if there was access to the back property. Mr. Kulikowski stated that there was. Vice Chairperson Leonardo called for the applicant to come forward and make a presentation. May 8,2008 Board of Adjustment Minutes Page 3 Mr. Andres Valdez and his interpreter/niece, Ms. Miriam Fuentes, came forward. Mr. Valdez stated that he resides at 1231 South 31st Avenue, Phoenix, Arizona 85308. Ms. Fuentes stated that she resides at 7313 West Roma Avenue, Phoenix, Arizona 85033. Ms. Fuentes explained for Mr. Valdez that other property owners in the area have built homes with reduced setbacks and that he was asking to do the same. Boardmember DeLossa asked the applicant if the current house on the property was also his. Mr. Valdez stated that it was. Vice Chairperson Leonardo inquired as to the size or width of the lot. Mr. Kulikowski stated that it was 63 feet. Vice Chairperson Leonardo asked the applicant if it would be difficult to build a house on a lot with a 63-foot frontage. Mr. Valdez stated that it would, yes. Vice Chairperson commented that in some parts of town, it made meeting the standards very difficult. Boardmember Gallegos asked the applicant if he lived there now. Mr. Valdez said that he did not. He stated that he intended to live in the new house once it was built. Boardmember Gallegos asked if the exsisting house on the property was currently being rented. Mr. Valdez stated that it was. Vice Chairperson Leonardo asked for any further comments or questions before opening the public hearing. There were none. Vice Chairperson Leonardo opened the floor for public comments. As there were no comments, the public hearing was closed. Vice Chairperson Leonardo asked for any further comments or discussion from the Board. Boardmember Gallegos commented on the unusual size of lots in the area. He stated that these lots were so odd in size that it was difficult to build with the required setbacks. Vice Chairperson Leonardo agreed with Boardmember Gallegos' comments. He noted that this was a good use of the property and to adhere to the strict setback, would make it impossible to build anything in the area. Vice Chairperson Leonardo called for any other questions or discussions from the Board. The Board had no questions; therefore, he asked Mr. Garnet Emery, Deputy City Attorney and Legal Counsel, to proceed with the findings. Based on the facts and evidence presented, Mr. Emery requested a vote from the Board. He then went on to ask the following questions and waited as Vice Chairperson Leonardo called for a voice vote 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? May 8,2008 Board of Adjustment Minutes Page 4 Vice Chairperson Leonardo called for a voice vote on the 1st finding. The Board 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? Vice Chairperson Leonardo called for a voice vote on the 2nd finding. The Board 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? Vice Chairperson Leonardo called for a voice vote on the 3rd finding. The Board responded 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? Vice Chairperson Leonardo called for a voice vote on the 4th finding. The Board responded with a 6-0 vote of"Aye". Mr. Emery asked that if based on the findings, does the Board wish to grant variance VAR08-01 subject to the site plan and floor plan date-stamped October 17, 2007, with the stipulations set forth by the Planning Department. Ms. Lisa Hunt, Senior Secretary and Recording Secretary, polled the Board. The Board responded with a 6-0 vote of"Aye". VAR08-01 was Approved. Vice Chairperson Leonardo called for Other Business. As there was none, he stated that the swearing- in of Chairperson Burrell will be rescheduled for the next meeting. Vice Chairperson Leonardo called for the Planning Staff Report. Ms. Pickering stated that the next meeting would be June 12, 2008, at 7:00 p.m. Vice Chairperson Leonardo called for Board Comments and Suggestions. As there were none, the meeting adjourned at 7:20 p.m. Lisa Hun , 'ee rding ec etary