HomeMy WebLinkAboutBA.1992.0609.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENTS
JUNE 9, 1992
A public meeting of the Fountain Hills Board of Adjustment was convened and called to order
by Vice-Chairman Paul Kolwaite at 7:00 p.m., Tuesday, June 9, 1992 in the Town Magistrate
Court 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: Vice-Chairman Paul Kolwaite, Boardmember Earl Stavely,
and Boardmember Donald Andrews. Also present were Associate Planner, Loras Rauch; and
Administrative Assistant, Joan McCartney. Chairman George Bard and Boardmember Joel
Katleman had excused absences.
AGENDA ITEM #3 - PLEDGE TO THE FLAG AND INVOCATION
After the pledge to the flag, the invocation was given by Boardmember Stavely.
AGENDA ITEM #4 - CONSIDERATION OF MINUTES - MAY 12, 1992
Boardmember Stavely made a MOTION that the minutes of May 12, 1992 be accepted as
written. Boardmember Andrews SECONDED and the motion CARRIED unanimously.
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AGENDA ITEM #5 - VARIANCE #92-09 - FRANK & ,JUDY CORSO
16231 E. TREVINO DRIVE
Mrs. Rauch presented the Findings of Fact, Analysis, and Recommendation from the Staff Report
on Variance #92-09. Mrs. Rauch stated that the garage was the only portion of the house plan
that intruded into the required forty (40) foot set back. Mrs. Rauch went on to say that, if the
house plan was moved further back on the lot, it would not exceed the hillside disturbance
allowance. Mr. and Mrs. Corso were not in attendance at the meeting. Mr. Dave Montgomery,
engineer hired by the Corso's, stated that it was the Corso's intention to preserve as much of the
hillside as possible. Vice-Chairman Kolwaite asked about the elevation of the house at the forty
(40) foot setback and was told by Mrs. Rauch that the slab would be approximately two (2) feet
lower that street level whereas the slab would be level with the street if the variance was granted.
Mr. Alex Demetrie and Mr. Louie Kraus, both of Trevino Drive, opposed the variance because
of the precedent it would set and because of the impact it would have on the rest of the
neighborhood. Boardmember Andrews made a MOTION to deny Variance#92-09 based on the
Standards of Review, Findings of Fact and the recommendations contained in the Staff Report.
Boardmember Stavely SECONDED and the motion CARRIED unanimously. Vice-Chairman
Kolwaite stated that anyone wishing to appeal the decision of the Board could do so within thirty
(30) days with the Maricopa County Superior Court.
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AGENDA ITEM #6 - VARIANCE #92-10 - NEW AMERICAN BUILDERS
L 10821 N. MIDDLECOFF DRIVE
Mrs. Rauch presented the Findings of Fact, Analysis, and Recommendation from the Staff Report
on Variance #92-10. Vice-Chairman Kolwaite asked if the house were to be placed at the
required forty (40) foot setback line as opposed to the requested ten (10) foot setback line if a
variance would be required and was told by Mrs. Rauch that that had not yet been determined
because the applicant has not included the use of retaining walls in the plans. Mr. Dave
Montgomery, engineer for the project, stated that the applicant had asked him to request that the
variance be tabled to give the applicant the opportunity to rework the plans. Mr. Bill Ransom
of Middlecoff Drive stated that he was in opposition of granting the variance. Mr. Ransom stated
that the applicant had not met all four (4) criteria required and therefore, should not be granted
a variance. Mr. Ransom also stated that he opposed tabling the variance and that the applicant
should take the time to try to rework the house plans to better fit the property. Mr. Ransom later
withdrew his opposition to the tabling of the variance. Mr. Drakowitz of Middlecoff Drive and
Mrs. Dorothy Sheilly of Kingstree Drive both offered their opposition to granting the variance.
Boardmember Andrews assured the neighbors that the Board and Staff had a thorough
understanding of their desires and would take that into consideration when and if the variance
was brought before the Board again.
Boardmember Stavely made a MOTION to table Variance #92-10 for resubmittal at a future
date. Boardmember Andrews SECONDED and the motion CARRIED unanimously.
AGENDA ITEM #7 - REVIEW AND CONSIDER TEMPORARY USE PERMIT FOR A
MODEL HOME
Mrs. Rauch stated that the opposition to the model home previously submitted by Mr. and Mrs.
N. L. Elpers had been rescinded. Mrs. Rauch went on to say that since there was no other
objections received,the Temporary Use Permit could be administratively handled and there would
be no need to present the case before the Board. This item was then removed from the Agenda.
AGENDA ITEM #8 - ADJOURNMENT
Boardmember Stavely made a MOTION to adjourn the meeting. Boardmember Andrews
SECONDED and the motion CARRIED unanimously. The meeting adjourned at 7:52 p.m.
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'aul Kolwaite, Vice-Ch.' an
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Joan McCartney, Administrative Ass' ant
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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 9th day of June, 1992. I further
certify that the meeting was duly called and held and that a quorum was present.
Dated this 10th day of May, 1992.
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Joan McCartney, Administrative sistant
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STAFF REPORT
JUNE 9, 1992
CASE NO.: V92-09
ADDRESS: 16231 E. Trevino Drive aka Lot 10, Blk. 4, Plat 411
REQUESTED ACTION: Requesting a variance to allow a reduction in the required
front yard setback from forty (40) feet to twenty-five (25) feet.
DESCRIPTION:
Owner: Frank and Judy Corso
Applicant: Frank and Judy Corso
Existing Zoning: R1-35 , Single-Family Residential
Existing Land Use: Undeveloped residential lot
Size: 1.41 acres
SURROUNDING LAND USE and ZONING:
North: Existing single-family home; Zoned "R1-35"
South: Undeveloped land (across Shea Blvd); Zoned "R1-35"
East: Existing single-family home; Zoned "R1-35"
West: Undeveloped single-family lot; Zoned "R 1-35"
CODE REQUIREMENT: ARTICLE VII. (R1-35) SINGLE-FAMILY RESIDENTIAL
ZONING DISTRICT 35,000 SQUARE FEET PER DWELLING UNIT
7.4 Yard Regulations. The required yards are as follows:
(1) Front Yard:
(a) There shall be a front yard having a depth of not less
than forty (40) feet.
7.5 Intensity of Use Regulations. The intensity of use regulations are as
follows:
(4) Lot Coverage: The maximum lot coverage shall be twenty (20%) percent of
the lot area.