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HomeMy WebLinkAboutBA.1993.1012.Minutes TOWN OF FOUNTAIN HILLS ..r MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT OCTOBER 12, 1993 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, October 12, 1993 in the Town Council Chambers located at 16836 E. Palisades Blvd., Fountain Hills, Arizona. AGENDA ITEM #1 - CALL TO ORDER Chairman Bard called the meeting to order at 7:00 p.m. AGENDA ITEM #2 - 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, Boardmember Donald Andrews, Boardmember Earl Stavely, Boardmember Paul Kostura, and Boardmember Samuel Nicholson. 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 Boardmember Nicholson. AGENDA ITEM #4 - CONSIDERATION OF MINUTES - JULY 6, 1993 Boardmember Nicholson made a MOTION that the minutes of July 6, 1993 be accepted as written. Boardmember Stavely SECONDED and the motion CARRIED unanimously. AGENDA ITEM #5 - REVIEW AND CONSIDER VARIANCE REQUEST BY: ADEL ZLAKET (V93-04) 16748 E. GLENBROOK BLVD. PLAT 430, LOT 4 FOUNTAIN HILLS, ARIZONA Mrs. Rauch present a synopsis of the Findings of Fact (attached) and stated that staff was recommending approval of the variance for 100% lot coverage and a zero front yard setback with the stipulation that the applicant provide at least 10 paved parking spaces in the common parking area. Mrs. Rauch pointed out on the plat the area that had been originally paved by the developer. Mr. Zlaket explained that the area to the east of his site, that is currently being used as a basketball court for the New Life Christian Church and is paved, could be used for nine parking spaces. Mrs. Rauch stated 1 that during the building permit process, the amount of required parking of 1 space for every 200 square feet of building would be checked for compliance. Boardmember Kostura asked if the property owners actually had deed to the common parking. Mrs. Rauch presented a warranty deed that gave the common parking area to the Plat 430 Property Owners Association on October 30, 1987. Mrs. Rauch explained that the Town did not have the ability to give a blanket variance, but that in 1972 Maricopa County gave a blanket variance to Plat 430 and Plat 106 for 100% lot coverage. She went on to state that since the Town incorporated, the Town interpreted the Zoning Ordinance to read that variances were in effect for one year only and if the permitting process had not begun by then, then the variance was null and void. Chairman Bard asked if other properties were built out to 100% in that plat. Mrs. Rauch stated that lots 7 through 10 and lot 16 are 100% lot coverage. Mrs. Rauch explained that the lot was a 1500 square foot lot and 60% of that would be 900 square feet which could be considered a hardship. Boardmember Andrews asked when Mr. Zlaket purchased the property and was told by Mr. Zlaket that he purchased the property approximately 6 or 7 years ago. He also expressed concern that Mr. Zlaket might not actually have a right to a portion of the common parking. He went on to ask what assurances could be given that Mr. Zlaket did have a right to the common parking and that by building to 100% lot coverage that all life safety issues would be taken care of. Mrs. Rauch assured Boardmember Andrews that the Uniform Building Code would not be compromised when the plans were submitted for building plan review. Now- Mrs. Rauch stated that the Community Development Director had suggested to the applicant that he contact the other Plat 430 property owners to see if they would like to rezone the plat to a Planned Shopping Plaza Overlay which would allow 100%lot coverage. Mrs. Rauch stated that the applicant was unable to get 3/4 of the property owners to agree to have the plat rezoned for reasons unknown. Boardmember Stavely asked if staff could initiate a rezoning. Mrs. Rauch explained that staff would also need to get 3/4 of the property owners to agree to the rezoning. Mr. Zlaket stated that he was unable to contact the other property owners to initiate a rezoning, but that he thought the Plat 430 Property Owners Association should be responsible for providing paved parking. Boardmember Stavely asked that if there were 37 paved parking spaces,how many spaces could be made from the unpaved area. Mrs. Rauch answered that there were over 300 parking space total for Plat 430. Mrs. Rauch pointed out that the Maricopa County Assessors microfish records indicate that Mr. Zlaket has ownership in and is taxed on 17th of the common parking area. Mr. Zlaket stated that he may begin with a one-story building and increase it to two-stories in the future. 2 Boardmember Nicholson questioned if by granting the variance if the Zoning Ordinance was being circumvented. He expressed his desire to see the property rezoned, rather than variances granted for each lot in the plat. He stated that he could not see the special circumstances that would apply. mid Boardmember Andrews asked if Mr. Zlaket could rezone his property individually. Mrs.Rauch stated that she was not certain if there was a minimum square footage necessary to rezone to a Planned Shopping Overlay district. Mrs. Rauch explained that there were other C-1 districts that do not have a common parking area and small 1500 square foot lots platted out, so it could be reasoned that the special circumstances were a result of the original platting. Mrs.Rauch added that to restrict the applicant to 60% lot coverage, or 900 square feet, could be unreasonable, unfeasible and aesthetically unappealing to the Town. Boardmembers Nicholson and Andrews agreed that unless something was done to that plat to give relief to the property owners, that requests for 100% lot coverage variances would continue to be requested. Boardmember Kostura suggested that there was another way to view the situation. He stated that since Mr. Zlaket owned 1/17th of the common area in addition to his individual lot, that by building on the entire lot as proposed, he would actually only be using less than 60% of the total of his property. Boardmember Andrews made a MOTION to grant variance #V93-04 per staff recommendation with the stipulation that the property owner provide parking spaces as per the Zoning Ordinance. Boardmember Kostura SECONDED. The motion CARRIED by a vote of 4 to 1. Boardmember Nicholson voted nay. Chairman Bard stated that the variance had been granted, and if there was anyone wishing to appeal the decision could do so with the Arizona Superior Court. Chairman Bard asked that the discussion of a request to the Planning and Zoning Commission for rezoning of Plat 430 to a Planned Shopping Plaza Overlay be included on the next Board of Adjustment meeting agenda. AGENDA ITEM #6 - CALL TO THE PUBLIC There were no speakers AGENDA ITEM #7 - ADJOURNMENT Chairman Bard adjourned the meeting at 7:49 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT By: z George Bard, Chairman A nEST: Joan McCartney, Administrative ssistant 3 ,,, 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 6th day of July, 1993. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 13th day of October, 1993. Joan McCartney, Administrativ Assistant 4 STAFF REPORT CASE NO. #93-04 APPLICANT: Mr. Adel Ziaket (Mailing Address: 8994 E. Gray Road, Scottsdale, Arizona 85260), is seeking a variance from the maximum coverage percentage and front yard setback requirements for a C-1 Zoning District for Lot 4, Block 1, Plat 430 (16748 E. Glenbrook Drive). EXISTING ZONING: C-1 STANDARDS FOR REVIEW ARTICLE XVIIL (C-1) NEIGHBORHOOD COMMERCIAL ZONING DISTRICT 18.4 Yard Regulations. (1) Front Yard: A minimum of ten (10) feet, and further that where the frontage between two (2) intersecting streets is located partly in the C-1 Zoning District and partly in a rural or residential zoning district there shall be a front yard equal to the front yard required in the adjoining rural or residential zoning district but such yard need not exceed twenty-five (25) feet in depth. vor 18.5 Intensity of Use Regulations. The intensity of use regulations are as follows: (3) Lot Coverage: The maximum lot coverage shall be sixty (60%) percent of the lot area. ARTICLE XXX. BOARD OF ADJUSTMENT 30.2 Powers and Duties. The Board of Adjustment shall: (2) Herein decide appeals for Variances from the terms of the Zoning Ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, locations, or surroundings, the strict application of the Zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same Zoning District. Any Variance granted by the Board is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.