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HomeMy WebLinkAboutMinutes - Minutes - Boards of Adjustment - Meeting Date: 5/11/20239/18/23, 11:34 AM Minutes co Glendale A R 17 0 N A MINUTES BOARD OF ADJUSTMENT COUNCIL CHAMBERS BUILDING CONFERENCE ROOM B3 5850 W. GLENDALE AVE. GLENDALE, ARIZONA 85301 MAY 11, 2023 4:00 P.M. Present: Cathy Cheshier, Chair Brian Britton, Commissioner Timothy Carson, Commissioner Tammy Gee, Commissioner Victoria Okula, Commissioner Absent: Benjamin Naber, Vice Chair Lawrence Feiner, Commissioner Also Present: Tabitha Perry, Planning Manager Russ Romney, Deputy City Attorney Matthew Taylor, Senior Planner Kevin Kazmerski, Recording Secretary I. CALL TO ORDER Ms. Cheshier called the meeting to order at approximately 4:01 pm. 2. APPROVAL OF THE MINUTES a. Board of Adjustment Minutes of April 13, 2023. Ms. Cheshier called for a motion to approve the April 13, 2023, minutes. Ms. Gee Motioned to approve. Ms. Okula Seconded. Ms. Cheshier called for a vote, all voted "AYE". April 13, 2023, minutes approved. 3. WITHDRAWALS AND CONTINUANCES There were no withdrawls or continuances. 4. PUBLIC HEARING ITEMS a. VAR23-02: A Variance request by Lucio Madera to reduce a required development standard in the R-3 (Multiple Residence) zoning district for property located at 6626 n. 54th Drive in the Ocotillo Council District. Presented by Matthew Taylor, Senior Planner. https://destinyhosted.com/frsv5/publish/print_minutes.cfm?seq=l236&mode=&minutes=Minutes 1 /4 9/18/23, 11:34 AM Minutes Ms. Cheshiier asked if there were any questions. Ms. Gee stated she had a two part question, as it seems that this request has two parts. 1. The addition would make the dwelling longer? Mr. Taylor replied yes, the request is to expand the footprint East to West. 2. The concern from the neighbor is the second story looking down on neighboring properties. Is this dwelling currently two stories? Mr. Taylor responded it is a single story. Ms. Gee asked if the client was not trying to expand the footprint and only add the second story would it need a variance? Mr. Taylor said no, a second story addition would not need a variance. Ms Cheshier asked for clarification. The client could build a second story and not have to request a variance? Mr. Taylor replied that Ms. Cheshier was correct. Ms. Cheshier asked what the current setbacks are. Mr. Taylor replied that was legally non -conforming. At the time the dwelling was permitted it was in compliance with a 10 foot and 6 foot setback. The zoning ordinance changed later to the current standards. Ms. Cheshier asked if the setbacks were grandfathered in? Mr. Taylor replied yes the existing footprint is grandfathered in, but any additions to the dwelling would need to comply with current zoning standards. Ms. Cheshier asked for a motion to go into executive session. Ms. Gee Motioned for executive session. Mr. Britton Seconded. Ms. Cheshier called for a vote, all voted "AYE". Board moved into executive session. Ms. Cheshier called the meeting back to order. Ms. Cheshier asked the applicant to present. Mr. Modero stated that he would like to build the addition because his in-laws live with them. Ms. Cheshier opened the public hearing. Ms. Cheshier asked for questions. There were none. Ms. Cheshier closed the public hearing. Ms. Cheshier asked if there was any further discussion needed. No discussion needed. With the help of Mr. Romney the board voted on the findings. Finding one, all voted "AYE". Finding two, All voted "AYE". Finding three, All voted "AYE", Ms. Cheshier with reservation. Mr. Romney asked if the board would like to entertain a motion to approve or deny VAR23- 02? Ms. Cheshier called for a motion. Mr. Carson Motioned for approval with the stipulation that the existing parking structure be removed. Ms. Gee Seconded. Ms. Cheshier called for a vote. All voted "AYE" Motion Approved. b. VAR23-03: A Variance request by Mitchell Foy to reduce a required development standard in the R-2 (Mixed Residence) zoning district for property located at 5416 W. Myrtle Drive in the Ocotillo Council District. Presented by Matthew Taylor, Senior Planner. hops://destinyhosted.com/frsv5/publish/print_minutes.cfm?seq=1236&mode=&minutes=Minutes 2/4 9/18/23, 11:34 AM Minutes Ms. Cheshier asked the board if they had any questions. Ms. Gee stated that she appreciated the level of detail these reports had. Ms. Cheshier asked about the 13-feet notation on the site plan. Are we approving a 5 & 10 foot setback or 13? Mr. Taylor stated the setback will be 5 feet to the East and 10 feet to the West. The 13 foot references the distance between dwelling units. Ms. Cheshier asked what the stipulation was. Mr. Taylor stated there were no stipulations for this case. Ms. Cheshier asked if the board had any other questions. There were none. Ms. Cheshier asked the applicant to present. Mr. Foy stated that he did not have anything to add. Mr. Taylor did a good job presenting. He stated that he would be willing to adjust the position of the dwelling on the lot if the board requested. Ms. Cheshier asked the board if they had any questions for the applicant. There were none. Ms. Cheshier opened the public hearing. There were no speakers. Ms. Cheshier asked for questions. There were none. Ms. Cheshier closed the public hearing. With the help of Mr. Romney, the board voted on the findings. Finding one all voted "AYE". Finding two all voted "AYE". Finding Three all voted "AYE". Mr. Romney asked if the bard would toke to entertain a motion to approve or deny VAR23- 03? Ms. Cheshier asked for a motion. Ms Gee Motioned to approve VAR23-03. Ms. Okula seconded. Ms. Cheshier called for a vote, all voted "AYE". Motion Approved. 5. CITIZEN COMMENTS There were no citizen comments. 6. STAFF REPORTS There were none. 7. BOARD COMMENTS AND SUGGESTIONS a. Discussion of training items board would like to receive. Ms. Okula asked if there were any examples of topics? Ms. Perry replied, the meaning of findings, the difference between an Aye or Nay vote for each finding and how it impacts the final vote. Another would be from a planning perspective. Guide the board through the steps staff use when cases are reviewed and analysis. Ms. Cheshier suggested proper discussion protocol before and after and during a vote. Also training on the difference between a rezoning case and a variance case. Ms. Cheshier asked how the follow-up works for the training. Ms Perry replied that staff will put together a workshop. Ms Cheshier asked if this training would be outside a board meeting? Ms. Perry replied, yes it would be scheduled separately, or at the time of a regular meeting if we had no cases. https://destinyhosted.com/frsv5/publish/print_minutes.cfm?seq=l 236&mode=&minutes=Minutes 3/4 9/18/23, 11:34 AM Minutes 8. NEXT MEETING The next regular meeting of the Board of Adjustment is scheduled for June 08, 2023, at 4:00 p.m., in conference room B3 of the Council Chambers Building, located at 5850 W. Glendale Ave, Glendale, Arizona, 85301. 9. ADJOURNMENT Ms Cheshier asked for a motion to adjourn. Ms. Okula motioned to adjourn. Ms. Gee Seconded. Ms. Cheshier called for a vote. All voted "AYE" meeting adjourned at approximately 4:45 pm. The Board of Adjustment meeting minutes of May 11, 2023, 10th day of August 2023. R.�[�ffl<aimet Recording Secretary were submitted and approved this https://destinyhosted.com/frsv5/publish/print_minutes.cfm?seq=1236&mode=&minutes=Minutes 4/4