Loading...
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