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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. ,0000 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. 1 .,,i 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. FOU ' 1 P. '�• �:,i •14 NT B • J4tt!k;4 'aul Kolwaite, Vice-Ch.' an A f EST: (),60.7/_ ,Viy eeD Joan McCartney, Administrative Ass' ant it...- 2 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. 06g4- Joan McCartney, Administrative sistant •wry 3 r.r+ 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.