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HomeMy WebLinkAboutBA.1991.0910.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENTS SEPTEMBER 10, 1991 A public meeting of the Fountain Hills Board of Adjustment was convened and called to order by Chairman Roland Britten at 7:00 p.m., Tuesday, September 10, 1991 in the Town Court Room located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. ROLL CALL - Roll call was taken and present for roll call were the following members of the Fountain Hills Board of Adjustment: Chairman Roland Britten, Vice-Chairman George Bard, Commissioner Joel Katleman, Commissioner Paul Kolwaite, and Commissioner Earl Stavely. Also present were Associate Planner Loras Rauch and Joan McCartney. AGENDA ITEM #3 - INVOCATION AND PLEDGE TO THE FLAG After the pledge to the flag, the invocation was given by Vice-Chairman George Bard. AGENDA ITEM #4 - CONSIDERATION OF THE MINUTES OF JUNE 11, 1991 Commissioner Katleman made a MOTION to accept the minutes as written. Vice ,*0) - Chairman Bard SECONDED and the motion passed unanimously. AGENDA ITEM #5 - VARIANCE #V91-008 - ALLAN AND KRISTOL BADDER Commissioner Britten asked the applicants, Mr. and Mrs. Allan Badder, to state their position on the variance. Mrs. Badder read from the Staff Report (Analysis Section, Paragraph 2) and indicated that if the house had been placed on the lot in the correct position, there would not have been a problem. According to Mrs. Badder, there should not have been a choice as to which street, Zane Grey Lane or Kim Drive, was the front yard, and that the County made a mistake in granting the building permit originally. Commissioner Stavely stated that when the original building permit for the house was granted, all the set-back requirements were met. Mrs. Badder said that since Zane Gray Lane was her address, then the front of her house should also be considered to be Zane Gray. Commissioner Stavely stated that on corner lots, either street could be chosen for the address. Mrs. Badder stated that after plans had been submitted and approved by the the Town and the Committee of Architecture, the work began on the patio addition. The result of the first Town inspection was a Stop Work Order due to the encroachment into the 25 foot set-back requirement. Commissioner Kolwaite felt the precedent had been set with the original placement of the house facing Kim Drive. Loras Rauch agreed with Commissioner Kolwaite, stating that the County did approve the position of the house and that Fountain Hills had adopted the same code. Chairman Britten called on Mrs. Rauch to present her report. Mrs. Rauch showed 1010. the original site plan submitted for building permit and explained that the plan did not show the patio addition. Mrs. Rauch also showed a second site plan submitted with the variance report which did include the patio addition. Mrs. Rauch agreed with Commissioner Stavely's comment concerning addresses on corner lots. Mrs. Rauch agreed that Zane Gray Lane was the applicants' address. Mrs. Badder stated that the Town should have noted the new patio addition on pages attached to the site plan and noted that it was not drawn on the site plan and then questioned the addition prior to granting a permit. Mrs. Rauch stated that in the Staff Report a suggestion was made to move the patio addition to the Zane Gray Lane side of the house to stay within all set-back requirements. Mrs. Badder felt that, due to the house elevation, this was unacceptable and that Chairman Britten, after visiting the site, agreed with her. Commissioner Katleman asked if a roof was going to be constructed. Mrs. Gadder said the patio addition would have a lattice roof covering. Commissioner Kolwaite asked if there were any regulations concerning patios without covers. Mrs. Rauch said that patios were allowed but that any structure over three (3) feet tall was considered a structure. Mrs. Gadder said that their neighbors had no problem with the covered patio addition. Mr. Bill McGivern, Mrs. Badder's father, stated that either a variance for the patio addition should be granted or a variance for the house, in that the house did not meet the set-back requirements if Zane Gray Lane was considered to he the front of the house. A general discussion ensued on whether the Board was • there to consider one variance for the patio addition or another variance for the house position. Chairman Britten read the four (4) points needing to he met to grant the variance. Mrs. Gadder addressed the four (4) points: 1) Special circumstances are involved (a) a corner lot, b) plans for house position were approved, and c) because a mistake was made originally; 2) the applicant followed all the necessary steps to obtain a permit; 3) the applicants sees the addition as necessary and there has been substantial investment thusfar; and 4) the neighbors do not object to the patio addition. Commissioner Katleman felt there was no harm or fault in what the Badder's were attempting to do. Chairman Britten asked to call a five or ten minute recess for the Board to discuss the variance in private. Mrs. Rauch stated that that would violate the Arizona Open Meeting Laws and that all discussion must be held in public. The Board proceeded to discuss pros and cons to allowing the variance. Chairman Britten stated that after looking at the house, he felt that using common sense and granting the variance would be in order. Commissioner Katleman agreed. Vice-Chairman Bard did not feel that special circumstances had been met. Commissioner Katleman made a MOTION that the variance be approved. Chairman Britten SECONDED and a vote was held with Chairman Britten and Commissioner Katleman approving and Vice-Chairman Bard and Commissioners Kolwaite and Stavely opposing. A discussion by the public ensued. Mr. Andre Thierstein, a neighbor of the Bad.ders didn't feel that the addition to the patio would cause any harm. Another 2 neighbor, Mr. Joseph Nirenberg, agreed. A MOTION to oppose the variance request was made by Vice-Chairman Bard and SECONDED by Commissioner Kolwaite. By show of hands, the motion was denied with Vice-Chairman Bard and Commissioners Kolwaite and Stavely voting to deny the variance and Chairman Britten and Commissioner Katleman voting to approve the variance. Further discussion on reasons for the opposition to the variance was held. AGENDA ITEM #7 - CALL TO THE PUBLIC Chairman Britten asked if there were any comments from the public. No response was made. AGENDA ITEM #8 - ADJOURNMENT Commissioner Kolwaite made a MOTION to adjourn the meeting. Vice-Chairman Bard SECONDED and the motion passed unanimously. The meeting adjourned at 8:00 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT void By: ((1 , lond itten, hairman ATTEST: ")//( �(4 L�i y Joan McCartney, Ad ministrative//Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Board of Adjustment held on the 10th day of September, 1991. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 11th day of September, 1991. Otif -//7( -- Joan McCartney, Administrative A 4 istant yard