HomeMy WebLinkAboutBA.1992.0707.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE MEETING OF THE
BOARD OF ADJUSTMENTS
JULY 7, 1992
A public meeting of the Fountain Hills Board of Adjustment was convened and called to order
by Chairman George Bard at 7:00 p.m., Tuesday, July 7, 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: Chairman George Bard, Vice-Chairman Paul Kolwaite,
Boardmember Joel Katleman, Boardmember Earl Stavely, and Boardmember Donald Andrews.
Also present were Associate Planner,Loras Rauch and Administrative Assistant,Joan McCartney.
AGENDA ITEM #3 - PLEDGE TO THE FLAG AND INVOCATION
After the pledge to the flag, the invocation was given by Chairman Bard.
AGENDA ITEM #4 - CONSIDERATION OF MINUTES - JUNE 9, 1992
Vice-Chairman Kolwaite made a MOTION that the minutes of June 9, 1992 be accepted as
written. Boardmember Andrews SECONDED and the motion CARRIED unanimously.
AGENDA ITEM #5 - VARIANCE #92-11 - CHRIS & PAT HOVATTER
15849 E. JERICHO DRIVE
Mrs. Rauch presented the Findings of Fact, Analysis, and Recommendation from the Staff Report
on Variance #92-11. Mrs. Rauch corrected two (2) typographical errors on page 2 of the Staff
Report. The first correction was in Findings of Fact, Number 7 - "By moving the proposed home
back an additional fifteen (15) feet to the rear setback line and additional 2,075 681 square feet
of hillside...." The second correction was in the last sentence of the Analysis - "...the disturbance
to the hillside area would be 3,900 square feet and not 5,975 475811 as proposed by the applicant."
Mrs. Rauch stated that the recommendation was to grant the variance to allow the applicant to
disturb 66% of the hillside area and not the 80% as requested. Vice-Chairman Kolwaite asked
where on the lot the 20% undisturbed would be if the 80% disturbance was granted. Mrs. Rauch
indicated on the overhead projector an area toward the front of the lot within the hillside area.
It was determined that if the house were set back an additional fifteen feet, the additional 681
square feet of hillside that would be retained would be toward the front of the lot. Mrs. Rauch
explained that although the 681 square feet of hillside would be retained, there was nothing in
the current Zoning Ordinance that regulated vegetation. Mrs. Rauch went on to say that the
retained 681 square feet could neither be graded nor could the contours be changed, but that it
could be landscaped.
1
Boardmember Andrews stated that although only 681 square feet was being gained by movilag
the house back fifteen feet, a smaller percentage of the hillside was being disturbed.
Boardmember Andrews expressed a concern for setting a precedent which would allow a larger
percentage of disturbance just because only a relatively small area of hillside was being gained.
Chairman Bard asked if the applicant wanted to present their case. Mrs. Hovatter stated that they
had made an effort to make the house fit the lot and would have no objection to moving the
house back fifteen feet, thus reducing the amount of requested disturbance from 80% to 66%.
Mr. Frances R. Kelley, the rear neighbor to the applicant, asked if the height of the house would
be varied by moving the house back fifteen feet and was told by Mrs. Rauch that the height of
the house would be increased by approximately two and one-half feet. Mr. Kelley stated that it
was his preference that the height of the house be kept as low as possible. Mr. David Bornstein,
also a neighbor, agreed with Mr. Kelley's comments. Mr. Dave Montgomery, engineer for the
project, voiced his objection to setting a precedent which would force property owners to push
their houses back on corners of the lots in order to save the hillside. Vice-Chairman Kolwaite
stated that he disagreed with Mr. Montgomery because, in this case, the house was just being
moved straight back and not into one corner of the lot. Boardmember Andrews stated that the
point of the Zoning Ordinance and the hillside ordinance was to set a standard for the property.
He went on to say that if a lot was essentially unbuildable, then a variance could be requested
to get the minimum relief possible from the Zoning Ordinance as set by law. Boardmember
Andrews stated that if, in granting the variance, the house is forced into one corner of the
property, then that's all that can be done by law.
'taw Boardmember Andrews made a MOTION that, after reading the Standards for Review, the
Findings of Fact and the Recommendation contained in the Staff Report, the Staff Report
recommendation of 66% hillside disturbance be accepted and the variance approved.
Boardmember Katleman SECONDED and the motion CARRIED unanimously. Boardmember
Stavely added that he was voting "aye" because the applicant had agreed to the decrease in
hillside disturbance requested from 80% to 66%.
AGENDA ITEM #6 - ADJOURNMENT
Chairman Bard adjourned the meeting at 7:20 p.m. with no objections.
FOUNTAIN
HILLS BOARD OF ADJUSTMENT
By: ,,/ � r3 a-_t_/e
George Bard, Chairman
A'fl..ST: alernegazt/2/,Joan McCartney, AdministrAssistant
..• 2
CERTIFICATION
•.r�
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 7th day of July, 1992. I further
certify that the meeting was duly called and held and that a quorum was present.
Dated this 8th day of July, 1992.
‘19i
Joan McCartney, Administrativ ssistant
3