HomeMy WebLinkAboutBA.2020.1217.Minutes Board of Adjustment Meeting of December 17, 2020 4 of 11
ITEM 4.
04:VAIN Ili
grii 'c, TOWN OF FOUNTAIN HILLS
STAFF REPORT
N is AST`
Meeting Date: 12/17/2020 Meeting Type: Board of Adjustment
Agenda Type: Submitting Department: Development Services
Prepared by: Paula Woodward, Executive Assistant
Staff Contact Information: John Wesley, Development Services Director
Request to Board of Adjustment (Agenda Language): CONSIDERATION OF approving the meeting
minutes of the Board of Adjustment October 17, 2019.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and
action that took place at the meeting for archival purposes. Approved minutes are placed on the
Town's website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approving the minutes of the Board of Adjustment October 17, 2019.
SUGGESTED MOTION
MOVE to approve the minutes of the Board of Adjustment October 17, 2019.
Attachments
Meeting Minutes October 17, 2019
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 12/10/2020 03:34 PM
Finance Director
Board of Adjustment Meeting of December 17, 2020 5 of 11
Town Attorney
Town Manager
Form Started By: Paula Woodward Started On: 12/10/2020 03:19 PM
Board of Adjustment Meeting of December 17, 2020 6 of 11
ITEM 5.
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ork AIN TOWN OF FOUNTAIN HILLS
STAFF REPORT
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Meeting Date: 12/17/2020 Meeting Type: Board of Adjustment
Agenda Type: Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Board of Adjustment (Agenda Language): PUBLIC HEARING of the application of Heather
& Clay Donnelly for a Variance to reduce the 20-foot minimum street-side building setback for an
addition on an approximately 0.31-acre lot, located at the southeast corner of San Marcus Drive and El
Pueblo Drive (AKA 17503 E. San Marcus Drive, APN#176-04-026) in the R1-8 Single Family residential
zoning district. (Case#V2020-02)
Staff Summary(Background)
Applicant: Heather and Clay Donnelly
Applicant Contact Information: 17503 E. San Marcus Dr.
Fountain Hills, AZ 85268
(303) 472-8642
Property Location: 17503 E. San Marcus Dr.
APN 176-04-026
Lot 3 of Plat 107-A
Related Ordinance, Policy or Guiding Principle:
Town Code Article 2-8-4- Board of Adjustment Duties
Town Code Article 2-8-6 -Variances
Zoning Ordinance Section 1.12 Definitions—Street Side Yard
Zoning Ordinance Section 2.07.E—Variance
Zoning Ordinance Section 4.01 E— Nonconforming Uses and Structures
Zoning Ordinance Section 5.06.E Yard Lot and Area Requirements
Zoning Ordinance Section 10.09 Density. Area. Building and Yard Regulations
Arizona Revised Statute 9-462.06— Board of Adjustment
APPLICABLE TOWN CODE REQUIREMENTS:
Article 2-8 BOARD OF ADJUSTMENT
Section 2-8-4 Duties
Board of Adjustment Meeting of December 17, 2020 7 of 11
B. It shall be the duty of the board of adjustment to hear and decide appeals for variances from the
terms of the zoning code only, if because of special circumstances applicable to the subject property,
including its size, shape, topography, location or surroundings, the strict application of the zoning
code will deprive such property owner of privileges enjoyed by owners of other property of the same
classification in the zoning district. Any variance granted 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.
C. The board of adjustment may not:
1. Make any changes in the uses permitted in any zoning classification or zoning district, make
any changes in the terms of the zoning code or make changes to the zoning map, provided the
restriction in this paragraph shall not affect the authority to grant variances pursuant to this
article.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by
the property owner.
APPLICABLE ZONING ORDINANCE REQUIREMENTS
Chapter 2 PROCEDURES
Section 2.07 Appeals and Variances
B. Variance.
1. Any aggrieved person may appeal to the Board of Adjustment for a variance from the terms
of the Zoning Ordinance if, because of special circumstances applicable to the property,
including its size, shape, topography, location, or surroundings, the strict application of the
Zoning Ordinance will deprive such property owner of privileges enjoyed by owners of other
property of the same classification in the same Zoning District. Any variance granted shall be
made subject to such conditions as will assure that the adjustment authority shall not
constitute a granting of special privileges inconsistent with the limitations upon other
properties in the zone in which such property is located.
2. The Board shall hear the appeal at the next regularly scheduled meeting after the required
advertising requirements have been fulfilled. Notice of the hearing shall be made by publishing
a notice thereof in the official newspaper of the Town and by posting the property affected not
less than fifteen (15) days prior to the hearing. The notice shall set forth the time and place of
the hearing and include a general explanation of the matter to be considered.
3. A variance shall not be granted by the Board unless the alleged hardship caused by literal
interpretation of the provisions of this ordinance results in more than personal inconvenience
and/or personal financial hardship, and is not the result of actions of the applicant.
4. In granting a variance, the Board shall impose such conditions and safeguards as are
appropriate to ensure that the purpose and intent of this ordinance remain intact.
5. No nonconforming use or violations of this ordinance with respect to neighboring lands,
structures, or buildings in the same Zoning District, and no permitted use of lands, structures or
Board of Adjustment Meeting of December 17, 2020 8 of 11
buildings in other zoning districts shall be considered grounds for granting a variance.
6. Every variance shall be personal to the applicant therefore and shall be transferable and
shall run with the land only after completion of any structure or structures authorized thereby.
7. Nothing herein contained shall be construed to empower the Board to change the terms of
this ordinance, to authorize uses which violate any other Town ordinance, to affect changes in
the zoning map, or to add to or change the uses permitted in any Zoning District.
Chapter 4 NONCONFORMING USES AND STRUCTURES
Section 4.01 Nonconforming Uses and Structures
E. Extensions:
1. Any extension of a nonconforming structure shall conform with all regulations for the
zoning district in which such structure is located.
Chapter 5 GENERAL PROVISIONS
Section 5.06 Yard, Lot, and Area Requirements
Sub-Section B. Application
No building shall be erected, nor shall any existing buildings be altered, enlarged, moved, or rebuilt,
nor shall any open space surrounding any building be encroached upon or reduced in any manner,
except in conformity with the yard, lot, area and building location regulations hereinafter designated
for the zone in which such building or open space is located, except as otherwise specifically
provided.
Chapter 10 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS
Section 10.09 Density, Area, Building and Yard Regulations
Zoning District = R1-8
Required Building Setbacks:
Front = 20'
Side = 7'
Street Side = 20'
Rear = 25'
Staff Summary (background):
Heather and Clay Donnelly, owners of the 13,499 square foot corner lot located at 17503 E. San
Marcus Drive, submitted a variance request to reduce the 20-foot minimum street-side building
setback to allow construction of an addition to be set back at least 14.9 (14'-11") feet from the
street-side property line. In the case of corner lots, the street frontage with the longer dimension is
considered the street side for purposes of measuring the building setback. Therefore, the side
adjacent to El Pueblo Blvd. is considered the street side, while the front is adjacent to San Marcus
Drive. Both sides require a minimum setback of 20 feet.
The residential lot is fully developed and relatively flat with no remarkable topographic features. The
current owners of the 1,505 square-foot single-family residence, which was built in 1983, desire to
Board of Adjustment Meeting of December 17, 2020 9 of 11
add a bedroom/bathroom on the west side. The street-side exterior wall of the proposed addition
will be flush with the existing wall of the primary residence, which at its nearest point is 15.25 feet
(15'-3") from the property line. Since the street-side building setback of the existing residence is less
than the current building setback standards, the residence is a pre-existing non-conforming
structure, as it was constructed before the Town's incorporation in 1990.
As discussed earlier, the addition would be connected to the building at a point 15.25 (15'-3") from
the property line. The closest point of the proposed building addition to the property line would be
14.92 (14'-11") feet. The applicant's preference is that the addition follow the setback of the existing
block fence, which is flush with the west side of the exterior wall of the existing residence.
Request for Variance from Zoning Ordinance Section 10.09. Street side Yard Setback in R1-8:
The applicants have requested the Board of Adjustment grant a variance to the required street
side yard setback for the R1-8 zoning district. The zoning ordinance required front yard setback in
this zoning district is 20', the applicant is asking for an approximately 15' setback, a reduction of 5'.
FINDINGS:
The four findings which must be made by the Board of Adjustment in order to grant a variance are
listed below. The applicants have provided their written justifications for each criterion in their
attached narrative. Staff's responses are noted below:
1. There exist special circumstances or conditions regarding the land, building or use referred to in
the application which does not apply to other properties in the district.
Applicant: "We are requesting a variance to build the addition that follows these described
points on the existing block wall. We are unable to build the addition on the east side of our
property, due to the sewer easement that is in place on that entire side of the property. If we
were to build a separate "casita" in the back of the lot, it would require my father to access it
with a few steps, which is not feasible for him. Putting a structure there would also force us to
cut down 7 mature fruit trees and plants/shrubs. The only place left to feasibly build an
addition is on the west side of the property."
Staff: There are several corner lots in the R1-8 zoning district, and particularly Plat 107, that
contain a public utility easement along the side and rear property lines, the nearest being
immediately to the west. Furthermore, the lot contains no unique natural conditions that
would warrant a variance. The Board may consider removal of the mature fruit trees as a
condition that would limit the desired addition to the west side of the property. However, this
does not warrant a reduced building setback.
2.The above special circumstances or conditions are preexisting and are not created or
self-imposed by the owner or applicant.
Applicant: "Our home was built in 1983, and the setbacks were different then they are now.
Our existing home is not located within the 20' setback that is now required."
Staff: Chapter 4 of the zoning ordinance clearly states any extension of a non-conforming
structure shall conform with all regulations for the zoning district in which the structure is
located. The subject property is located in the R1-8 zoning district, which requires a 20-foot
street side setback.
Board of Adjustment Meeting of December 17, 2020 10 of 11
3. The Variance is necessary for the preservation of substantial property rights. Without a
Variance the property cannot be used for purposes otherwise allowed in this district.
Applicant:The applicant did not specifically address this criterion in their narrative.
Staff: The property is currently being used as a single-family residential dwelling and all
setbacks are in conformance with the zoning ordinance. No variance is necessary for the
property owners to use their property as permitted in the ordinance. Denial of the requested
variances will not alter the ability for the property owner to continue to use the property as a
single family residence. There is no loss of substantial property rights. In order for this criterion
to be met, the Board would have to find that allowing the bedroom addition to be flush with
the pre-existing, non-conforming exterior wall of the house falls under the definition of
"substantial property rights."
4. The authorizing of the Variance will not be materially detrimental to persons residing or working
in the vicinity, to adjacent property, or to the neighborhood or the public welfare.
Applicant: "Our home is tucked away behind many trees and shrubs. Driving down the road,
you do not notice it. It has a flat roof, is shorter than all other homes around us, and
disappears into the landscaping. Keeping the addition on the same line as the existing block
wall, does not change the existing layout of our property. The only difference is that it would
look like the existing block wall is a bit taller, where you can see it in between the landscaping,
as we are not asking to build outside of the existing footprint that already exists."
Staff: The authorizing of a variance on the basis of a desired modification, and not an undue
hardship, will be materially detrimental to persons residing or working in the vicinity of this
property and to the neighborhood, and to the public welfare because it will treat the subject
property differently than other similar properties and it would set a poor precedent by
granting a variance where no fundamentally unique characteristics exist on the property.
Compliance with State Law:
Staff recommends that the Board of Adjustment FIND that no variance may be issued under Arizona
law due to the fact that any hardships being addressed in this hearing are clearly self-imposed.
ARS 9-462.06 H. A board of adjustment may not:
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the
property owner.
Risk Analysis (options or alternatives with implications): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Staff Recommendation(s):
Staff recommends that the Board of Adjustment FIND that of the required four criteria for granting a
zoning variance have not been met and that the requested Variance from the provisions of Zoning
Ordinance Section 10.09 be DENIED.
Board of Adjustment Meeting of December 17, 2020 11 of 11
SUGGESTED MOTIONS: Move to adopt the findings outlined in the staff report and DENY the
applicant's requested Variance from the provisions of Zoning Ordinance, Section 10.09.
Related Ordinance, Policy or Guiding Principle
NA
Risk Analysis
NA
Recommendation(s) by Board(s) or Commission(s)
NA
Staff Recommendation(s)
Staff recommends that the Board of Adjustment FIND that of the required four criteria for granting a
zoning variance have not been met and that the requested Variance from the provisions of Zoning
Ordinance Section 10.09 be DENIED.
SUGGESTED MOTION
Move to adopt the findings outlined in the staff report and DENY the applicant's requested Variance
from the provisions of Zoning Ordinance, Section 10.09.
Attachments
Application
Case Map
Applicant's Letter
Site Plan
Additional Photos
Development Standards Table
Form Review
Inbox Reviewed By Date
Development Services Director John Wesley 12/09/2020 02:07 PM
Form Started By: Farhad Tavassoli Started On: 12/07/2020 02:24 PM
Final Approval Date:12/09/2020
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