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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 9/11/2008 MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT GLENDALE COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B-3 5850 WEST GLENDALE AVENUE GLENDALE,ARIZONA 85301 THURSDAY, SEPTEMBER 11,2008 7:00 P.M. In the absence of Chairperson Sandy Burrell, Vice Chairperson Hugh Leonardo presided over the meeting. Vice Chairperson Leonardo called the regular meeting to order at approximately 7:00 p.m. and explained the Board's policies and procedures. He then proceeded to conduct Roll Call with the following results: BOARD MEMBERS PRESENT: Hugh Leonardo, Vice Chairperson William Barker Al DeLossa Jim Ligon Dan Lundberg Peter McCormick BOARD MEMBERS ABSENT: Sandy Burrell, Chairperson CITY STAFF: Russ Romney, Deputy City Attorney Maryann Pickering, AICP, Zoning Administrator Peter Kulikowski, Associate Planner Lisa Hunt, Recording Secretary Vice Chairperson Leonardo called for Approval of the Minutes for the meeting on August 14, 2008. Boardmember Delossa MADE a MOTION to APPROVE the minutes from the August 14, 2008, meeting. Boardmember McCormick SECONDED the MOTION. The motion passed unanimously. Vice Chairperson Leonardo asked staff if there were any requests for Withdrawals or Continuances. As there were none,he explained the public hearing procedures. September 11,2008 Board of Adjustment Minutes Approved October 9,2008 Page 2 AGENDA ITEM: 1. VAR08-08: A request by Matthew and Susan Peck for a variance in the SR- 17 (Suburban Residence) zoning district to decrease the east side-yard setback to ten feet where 15 feet is required. The property is located at the southwest corner of 75th Avenue and Union Hills Drive (7615 West Michigan Avenue). Staff Contact: Peter Kulikowski, Associate Planner(Sahuaro District). Mr. Peter Kulikowski, Associate Planner, presented the staff report. 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 July 7, 2008. He added all mechanical equipment shall be ground mounted and all utilities less then 69kv shall be placed underground. Vice Chairperson Hugh Leonardo called for questions from the Board. Boardmember Dan Lundberg recused himself from the vote, given that this request is in close proximity to his home. Boardmember Jim Ligon asked if other areas at this location also needed a variance. Mr. Kulikowski stated that only one side of the property required the addition; the rest will be added later. Vice Chairperson Leonardo called for the applicant to come forward and make a presentation. Mr. Matthew Peck, applicant, residing at 7615 West Michigan Avenue, stated that he had nothing to add to Mr. Kulikowski's report, however, will answer any questions the Board may have. Boardmember Al Delossa asked how long the applicant had lived at this location. Mr. Peck stated that he has lived there for ten years. Boardmember Ligon stated that he had known the applicant's father and that he was a good man. Vice Chairperson Leonardo asked for any additional comments from the Board. As there were none, he opened the floor for public comments. There were none; as a result, he closed the public hearing. Vice Chairperson Leonardo called for any other questions or discussions from the Board. The Board had none; therefore, he asked Mr. Russ Romney, Deputy City Attorney,to proceed with the findings. Based on the facts and evidence presented, Mr. Romney requested a voice vote from the Board. He then went on to ask the following questions and waited as the Board responded 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? September 11,2008 Board of Adjustment Minutes Approved Qctober 9,2008 Page 3 Vice Chairperson Leonardo called for a voice vote on the 1st finding. They 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? Vice Chairperson Leonardo called for a voice vote on the 2nd finding. They 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? Vice Chairperson Leonardo called for a voice vote on the 3rd finding. They 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? Vice Chairperson Leonardo called for a voice vote on the 4th finding. They responded with a 5-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR08-08 subject to the site plan and floor plan date-stamped July 7, 2008 with the stipulations set forth by the Planning Department. Ms. Lisa Hunt polled the Board. They responded with a 5-0 vote of"Aye". Case No. VAR08-08 was APPROVED. AGENDA ITEM: 2. VAR08-09: A request by Duane Fout for a variance in the A-1 (Agricultural) zoning district to reduce the east side-yard setback to 41 feet where 50 feet is required, reduce the front-yard setback to 32 feet where 75 feet is required, and increase allowable lot coverage to 15% where 10% is required. The property is located at the northwest corner of 63rd and Sweetwater avenues (6316 West Surrey Avenue). Staff Contact: Peter Kulikowski, Associate Planner (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 stipulations set forth and the site plan date-stamped July 1, 2008. He added that all mechanical equipment shall be ground mounted and all utilities under 69kv shall be placed underground. September 11,2008 Board of Adjustment Minutes Approved October 9,2008 Page 4 Vice Chairperson Hugh Leonardo called for questions from the Board. Vice Chairperson Leonardo called for the applicant to come forward and make a presentation. Mr. Duane Fout, applicant, residing at 6316 West Surrey Avenue, Glendale, stated this variance was to accommodate their growing family and further enhance the neighborhood. Boardmember Al DeLossa commented that although Mr. Grant, the applicant's neighbor, had submitted a letter on his behalf, he had also questioned the property lines. He asked Mr. Fout to explain. Mr. Fout stated that the aerial views do not match their property lines. He explained they both question where the borderline really is, still, the records do not show a clear definition. Boardmember DeLossa commented that he hopes they keep being good neighbors to avoid any dispute. Vice Chairperson Leonardo requested legal advice from counsel on the borderline dilemma. Mr. Russ Romney,Deputy City Attorney, stated it was not a concern at this point, unless it is contested. He added that the parties could hire a surveyor if they chose. Vice Chairperson Leonardo asked for any additional comments from the Board. As there were none, he opened the floor for public comments. There were none; as a result, he closed the public hearing. 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 voice vote from the Board. He then went on to ask the following questions and waited as the Board responded 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? Vice Chairperson Leonardo called for a voice vote on the 1st finding. They 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. They 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? September 11,2008 Board of Adjustment Minutes Approved October 9,2008 Page 5 Vice Chairperson Leonardo called for a voice vote on the 3rd finding. They 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. They responded with a 6-0 vote of"Aye". Mr. Romney asked that if based on the findings, does the Board wish to grant variance VAR08-09 subject to the site plan and floor plan date-stamped July 1, 2008 with the stipulations set forth by the Planning Department. Ms. Lisa Hunt polled the Board. The Board responded with a 6-0 vote of "Aye". Case No. VAR08-09 was APPROVED. Vice Chairperson Leonardo called for the Planning Staff Report. Ms. Pickering welcomed Mr. Dan Lundberg to the Board. Additionally, she reported that the November meeting might be vacated and that they already had one case for the October meeting. Vice Chairperson Leonardo called for Board Comments and Suggestions. As there were none, the meeting adjourned at 7:28 p.m. Next Meeting: October 9, 2008, at 7:00 p.m. /Mg: 1'sa - ' = A g 'ecretary