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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 12/11/2008 (4) MEETING MINUTES CITY OF GLENDALE BOARD OF ADJUSTMENT WORKSHOP GLENDALE CITY HALL CONFERENCE ROOM 2A 5850 WEST GLENDALE AVENUE GLENDALE, ARIZONA 85301 THURSDAY, DECEMBER 11, 2008 6:00 P.M. CALL TO ORDER Chairperson Sandy Burrell called the workshop to order at approximately 6:10 p.m. and explained the Board's policies and procedures. ROLL CALL Chairperson Burrell conducted Roll Call with the following results: MEMBERS PRESENT: Sandy Burrell, Chairperson Hugh Leonardo, Vice Chairperson William Barker Jim Ligon Al DeLossa MEMBERS ABSENT: Dan Lundberg Peter McCormick CITY STAFF: Russ Romney, Deputy City Attorney Jon M. Froke, AICP, Planning Director Jim May, AICP, Deputy Director for Current Planning Maryann Pickering, AICP, Zoning Administrator Lisa Hunt, Recording Secretary WORKSHOP ITEM Ms. Maryann Pickering, AICP, Zoning Administrator thanked each of the members for their service to the Board of Adjustment and to the City of Glendale. She continued by explaining the changes to the newly revised Board of Adjustment Member Handbook and invited the Board to ask questions at any time during her presentation. She began by stating that the purpose of the Board is to hear and decide variance requests of the Zoning Ordinance, to hear appeals of certain administrative decisions of the Planning Director, and to decide zoning boundary disputes. Boardmember William Barker asked what the disputes would entail. December 11,2008 Board of Adjustment Workshop Minutes Page 2 Ms. Pickering stated that a dispute could result if someone thought that the zoning line on their property was incorrect. In Glendale, there are some parcels that do have split zoning--that have two zoning designations on them. There are not a lot of them but we do have some. Boardmember Barker asked if that would occur if there was a split or something. Ms. Pickering stated that most of the ones have no property lines underneath it. So, it could've been that the lot was adjusted in the past. Ms. Pickering went on to clarify that there are three things they cannot do as a Board. And, that is to amend the Zoning Ordinance, vary from procedures, or judge the validity of the ordinance. She continued by summarizing each section of the new member handbook. The general concept of zoning, the big one, is to protect public health, safety, and welfare. Zoning is site specific. Remember that it affects the property, it doesn't affect the owner. It just affects how the property is being used. She finished up by giving an overview of the Community Development Group and Planning Department, reviewing the responsibilities and the individuals associated with the support staff positions, particularly noting that in September we welcomed a new Deputy City Manager, Stephen Cleveland. Ms. Pickering turned the training over to legal counsel, Mr. Russ Romney, Deputy City Attorney. Mr. Romney reviewed various legal aspects of the responsibilities associated by members and staff involved. He reviewed the court decision that was responsible for the revamping of the four required findings. He stated that that's why you see him repeating those same four findings over and over again. It's, basically, to satisfy that court decision so that every time we have a decision, it's a complete record and there's clarity with respect to every finding. Needless to say, any court can look at that and see what all you were considering when you did it and the discussion that took place between the applicant, staff and board, not that you'll be debating; but, when you hear that testimony and make those decisions, that's what they're looking at is how you applied that testimony to those findings. If they feel there is an abuse of discretion, then they'll overturn the decision. More than likely they won't, because an appealing court doesn't substitute its discretion for what you did. They think people on a local level are more equipped to handle those kinds of situations and they will, as long as you did everything properly, defer to your decision on the facts on a particular case. If there's been some kind of grievous error over something that should've been looked at that wasn't seen by you, then it might give them grounds to overturn the decision, as well. If one of you had a conflict and didn't disclose it, that might cause a reversal from a court appeal. But, when you're doing the variances you're trying to restore equity to situations. Mr. Romney continues by mentioning that variances can't be granted when the owner has intentionally done something or put the hardship on his own property by doing something like building without a permit. Boardmember Barker stated that he was wondering about that. He wondered if he went and bought one of those lots, already knowing that it didn't meet the requirements for a house, in a way, wasn't he putting that imposition on himself by knowingly buying one of those lots. December 11,2008 Board of Adjustment Workshop Minutes Page 3 Mr. Romney stated that that isn't necessarily true. Normally, the real estate agents will advise you on such matters and, not only that, but the information is actually out there. So,because it's out there, if it's truly a property that has no possibility of placing a house on it, there are some real estate regulations that prevent them from selling those types of lots and for falsely advertising them. But, those old lots like that, no. That's what we're here for is to do equity when the standards can't be met, as long as they build something that's nice and looks good and improves the neighborhood. Boardmember Ligon inquired about contractor's and property owners. He wanted to know whose responsibility it was to get the permits before they build. Mr. Romney stated that that wasn't what the Board was here for. He stated that they have to listen to the testimony that is given to them and make their decision based on all of the testimony and the facts as they are presented to them. He informed the Board that if they spoke to the applicant prior, even inadvertently, that they would need to disclose that to the Board publicly and when the issue came up step away from the desk, or that particular decision. If by stepping away, there would no longer be a quorum, then you have to declare whether or not that's going to affect your decision and proceed from there. If you ever have any legal question during a meeting, all it takes is a majority vote by those members present to go into Executive Session, which is for that purpose. Those present discussed the responsibility of Code Compliance, to clarify what falls under their control and not the Board. Mr. Romney stated that the burden is always on the applicant to prove that the variance is necessary. You can modify a variance or grant conditional variances as long as they do it by a certain date. You can place stipulations on the case, too. You just can't substitute your judgment of what the law ought to be with respect to that particular property with what the law actually is. Boardmember Ligon asked if the Planning Department determines whether a hardship is or is not involved. Mr. Romney stated that they are essentially advising the Board what they feel. They're just telling you that everybody else has this same issue, it is a hardship the applicant didn't place on themselves. They're giving you zoning and aerial maps to show you and facts. Ms. Pickering stated that there are people that buy large lots and come in requesting a variance to build an accessory structure two feet from the property line so that they can keep their big back yard. That would be a self-imposed hardship. Boardmember Ligon wanted to know how the Planning Department defines hardship. Chairperson Burrell stated that we don't get in to that because the hardship has to be based just on the property. Every applicant can come to us and state that they have a hardship. They didn't create the land or the property. That's all we're dealing with. We exist to handle everybody the same which is why we have this tape recorded. We want to stay objective. December 11,2008 Board of Adjustment Workshop Minutes Page 4 Mr. Romney stated that one of the things about this job is that you're a quasi-judicial body, it's important that everyone receive due process. If someone comes to you and wants to discuss the case before the meeting, you cannot. If that does happen, then it needs to be addressed at the meeting as previously stated. Boardmember Ligon stated that he had a woman approach him after a meeting, agitated. Mr. Jon M. Froke, AICP, Planning Director, stated that it is one thing that you'll never get used to and, unfortunately, comes with the position on any board or commission. Mr. Romney stated that if they are approached before a meeting that they would need to tell them that they'll keep an open mind, listen to everything that is being presented, and base their decision on the facts. He went on to discuss gifts and favors, which are not acceptable. Mr. Romney complimented Chairperson Burrell for doing such a nice job of keeping to the agenda. He stated that we want to make sure that we don't violate the Open Meeting Law and that Chairperson Burrell has done an outstanding job thus far. Mr. Romney stated that under New Business, you have to be careful that you don't talk about what you want to see happen. Make a request that such and such be placed on the next agenda; however, do not discuss it at that time. Mr. Romney discussed the confidentiality involved in Executive Sessions and individual discussions. He informed the Board that he cannot break privilege. If any of the Board takes what was discussed during the session or an individual discussion and somehow brought it up during a conversation with an applicant, the applicant would actually be able to use what was discussed in their appeal. Be careful on those kinds of things. Mr. Romney stated that we need to be accommodating, firm, nice, and polite to each person that comes before the Board. Favoritism or the appearance of unfair treatment from one applicant to another is not acceptable. He reminded them that they need to keep that in mind when dealing with the different types of applicants. Mr. Romney continued by discussing a motion for reconsideration. He stated that they're actually looking at revising the rules and procedures for the Zoning Ordinance. They're going to reinstitute some rules and one of them is that the Board will be able to hear motions for reconsiderations. If the applicant forgot to tell you something that might be pertinent to decision-making process, they have 15 days to file a motion for reconsideration in order to introduce new facts. Unless something is different and unique and unfair because that's what you're doing is trying to do equity in making your decisions. Doing equity is the best part about any job and that's because you're trying to seek equity and fairness for that individual. You're trying to seek justice for that person. Our reactions and findings need to be based on those facts. Boardmember Barker asked who would make the decision as to whether the reconsideration is being made. December 11,2008 Board of Adjustment Workshop Minutes Page 5 Ms. Pickering stated that they will appeal to the Planning Director and Zoning Administrator. Mr. Romney stated that the Board can't talk amongst themselves unless it is publicly posted, in accordance with the laws that were written by the people. Other states have different meeting laws that allow for such exceptions. Ours doesn't. If you need to appear by phone, we can do that. You cannot gather before and after meetings, either. The Board discussed Executive Sessions further. Mr. Romney stated that he believed the procedures involved in going into Executive Session were on the agenda. Ms. Lisa Hunt, Recording Secretary, reassured him that it was, in fact, on the agenda along with the confidentiality statement. Boardmember DeLossa asked that when meetings are opened for questions amongst the members, if there is some doubt and he would like to make a recommendation to make a motion that we postpone or table the decision, would he be out of order. Chairperson Burrell stated that he would not. You're only making a motion and then someone else must second the motion. If they don't second the motion, the motion is not accepted. If someone is making a motion for tabling or continuing an item, there would need to be a reason for doing so. Ms. Pickering stated that she had attended the Boards and Commissions Liaison & Support Staff Training that afternoon and some of the items that we've already discussed were mentioned. She wanted to stress a few key points, which were ex-parte communication, the impropriety, the perception of talking to applicants before or after meetings. She stated that they needed to be careful how people might perceive them. Even though you may just be talking about a baseball game, it could be perceived as something inappropriate. It's just the appearance. Public hearings were also discussed, these are business meetings, and we only need to discuss the items at hand, paying particular attention to following the agenda and the items on the request before us. Social discussions are not acceptable. She mentioned discrimination, again. E-mail correspondence is another area that we need to be cautious when corresponding. If Lisa sends something out, please don't reply to all because this would be a violation of the Open Meeting Law. The same applies to phone calls. Hugh Leonardo inquired about the Chairperson's Meeting Guide. Ms. Pickering stated that she was updating it. He was wondering if the quorum statement was current or if that would be changing. Mr. Romney and Ms Pickering stated that the Board use to be required to have four people present to conduct a vote. It is now a majority of the quorum will be the requirement once the Zoning Ordinance has been updated. Boardmember DeLossa asked if the City of Glendale utilized the Robert's Rules. Ms. Pickering stated that they do not. They use basic parliamentary rules. Mr. Romney and Ms. Pickering asked the Board if they had any more questions. They did not. December 11,2008 Board of Adjustment Workshop Minutes Page 6 REPORTS AND COMMENTS Chairperson Burrell called for Reports and Comments. Ms. Pickering stated that there were three cases for the January meeting, which is scheduled to be held January 8, 2009. Chairperson Burrell called for any other Reports and Comments. As there were none, the meeting adjourned at 7:44 p,m. CLisaHuneco/djfi Se: etary