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Home My WebLink AboutBA.2017.0620.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT June 20, 2017 1111% A public meeting of the Fountain Hills Board of Adjustment was convened and called to order by Chairman Paul Ryan at 6:30 p.m. Tuesday, June 20, 2017 in the Town Hall Council Chambers located at 16705 E. Avenue of the Fountains, Fountain Hills,Arizona. Present for the meeting were Chairman Paul Ryan, Vice-Chairman Carol Perica and Board Members: John Kovac III, Daniel Halloran, and Nick Sehman. Also present were Development Services Director Robert Rodgers, Senior Planner Marissa Moore and Paula Woodward Executive Assistant and Recorder of the minutes. AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE BOARD OF ADJUSTMENT MEETING MINUTES FOR FEBRUARY 28, 2017. Boardmember Kovac made a MOTION to approve the meeting minutes from the February 28, 2017, Board of Adjustment meeting. Vice-Chairman Perica, SECONDED and the MOTION passed 5-0,by those present. AGENDA ITEM #2 - PUBLIC HEARING OF THE APPLICATION OF JOYCE AND DAVID SCHWEIKERT TO RECEIVE COMMENTS ON A REQUESTED VARIANCE FROM SECTION 5.09.A OF THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO ALLOW A 2.5 FOOT VARIANCE FROM THE 3.5 FOOT FENCE HEIGHT LIMITATION TO ALLOW A SIX (6) FOOT TALL FENCE WALL TO BE BUILT WITHIN A PORTION OF THE FRONT YARD SETBACK AT 15819 E. SYCAMORE DRIVE. CASE #V2017-01 Chairman Ryan opened the public hearing at 6:32 p.m. It was noted no one from the public requested to speak. arissa Moore, Senior Planner, reviewed information contained in a PowerPoint presentation (Copy is on file in the Office of the Town Clerk) about the variance request from Joyce and David Schweikert. Ms. Moore explained the property is located in the R1-35 zoning district, which has a front yard setback of 40 feet. Within the front yard the fence wall can be a maximum height of three and half feet. This request is to allow a fence wall to be 5 to 6 feet in height within this setback. The variance request is for relief from Zoning Ordinance, Section 5.09, which pertains to the height limitation for fences and walls within the front yard setback. Ms. Moore referenced the overhead slide showing the proposed wall to be five to six feet in height. Ms. Moore reviewed the four variance criteria as outlined in the staff report with the boardmembers. 1. Special circumstances or conditions exist regarding the land,building, or use referred to in the application,which do not apply to other properties in the district. 2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant. 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 the district. 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. Ms. Moore concluded that staff does not object to the proposal, subject to the Board of Adjustment's findings that the above four criteria have been adequately addressed.The applicant and the architect are present to answer any questions. %%Ihairman Ryan called on the architect to address the board. Page l of 1 Architect, Rich Cipriani said they are asking for the variance because of safety issue requirements. Mr. Cipriani stated he is working with the Washington D. C. law enforcement. The D. C. police gave Mr. Cipriani specific guidelines for making the residence safe from intruders and gunfire. The variance request is required in order to meet part of the guidelines. Mr. Cipriani said he was aware that other homes on Sycamore were granted variances. '11'Chairman Ryan closed the public hearing at 6:41 p.m. AGENDA ITEM #3 - CONSIDERATION OF THE APPLICATION OF JOYCE AND DAVID SCHWEIKERT TO RECEIVE COMMENTS ON A REQUESTED VARIANCE FROM SECTION 5.09.A OF THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO ALLOW A 2.5 FOOT VARIANCE FROM THE 3.5 FOOT FENCE HEIGHT LIMITATION TO ALLOW A SIX (6) FOOT TALL FENCE WALL TO BE BUILT WITHIN A PORTION OF THE FRONT YARD SETBACK AT 15819 E. SYCAMORE DRIVE. CASE #V2017-01 Vice-Chairman Perica asked where are those other homes with variances located and for what reason were variances granted. Mr. Cipriani stated they are located on the west end of Sycamore Drive. The cases involved about five homes and took place in the early 1980's, (pre-incorporation). Mr. Cipriani could not recall specific reasons for the variances. Discussion took place among the boardmembers. Boardmember Kovac questioned what the set back was on the homes. Mr. Cipriani said the three homes he worked with moved the setbacks from forty feet to five feet. He said the south side of Sycamore is very unique because of the hillside,big washes, and special circumstances of lot shape. Vice-Chairman Perica asked Mrs. Schweikert if any neighbors responded to the variance request. [rs. Schweikert said the neighbors are very supportive and said they would do whatever they can to help this project %along. Chairman Ryan asked Mrs. Schweikert how long she has lived at the Sycamore residence. Mrs.Schweikert replied four years. Boardmember Sehman asked for clarification from staff regarding impact on the neighborhood. Ms. Moore replied from staff's point of view (as stated in the staff report), the line of sight from the neighbors on each side would not be affected. Mr. Sehman said he agreed with Chairman Ryan that in this particular case the four points could be argued. Vice-Chairman Perica asked in response to a denial how would the issue be addressed by the architect. Mr. Cipriani replied he submitted a few choices to the Capital Police and they agreed this was the best choice for this residence. Vice-Chairman Perica asked Ms. Moore if she agreed this was the best choice for this situation. Ms. Moore said it might possibly be, but she was not privy to the information shared with the security staff in the design process. "hairman Ryan stated a three and a half foot wall is not very tall. This board is very diligent reviewing the four criteria. `n. Boardmember Kovac requested the architect's name be recorded as the one who is recommending the variance. He said that"security"might cover all four aspects of the required criteria in this case. Page 2of 2 Vice-Chairman Perica MOVED to FIND that the written and verbal testimony has adequately addressed the four required criteria as listed in the staff report and based on that information that the Board of Adjustment grant the requested Variance from Section 5.09.A to allow up to a six (6) foot tall fence wall to be built within a portion of the front yard .tback at 15819 E. Sycamore Drive as presented. Boardmember Kovac SECONDED and the MOTION passed 5-0, by " ose present. Boardmember Sehman Aye Baordmember Halloran Aye Boardmember Kovac Aye Vice-Chairman Perica Aye Chairman Ryan Aye AGENDA ITEM #4 - COUNCIL DISCUSSION/DIRECTION TO THE DEVELOPMENT SERVICES DIRECTOR. Bob Rodgers explained the Town Council meeting dates change permanently to the first and third Tuesday of the month beginning August 2017. This will cause the Board of Adjustment's meeting dates to move to the third Thursday of the month. The Town Council will vote to change their rules of procedure. The Board of adjustment will also vote to change their rules of procedure to reflect the new meeting day. Mr. Rodgers said the Board has an opportunity to also change the meeting time to match the Town Council's change to 5:30 p.m. if desired. Discussion took place among the boardmembers. Chairman Ryan asked to make a MOTION to change the meeting dates to the 3Td Thursday and time to 5:30 p.m. effective August 2017.John Kovac 2nd the MOTION. The MOTION passed 5-0. AGENDA ITEM #5 - SUMMARY OF BOARD REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE ,'HAIRMAN,INDIVIDUAL BOARDMEMBERS,AND THE DEVELOPMENT SERVICES DIRECTOR. None. AGENDA ITEM#6-ADJOURNMENT. Vice-Chairman Perica made a MOTION to adjourn the meeting and Boardmember Kovac, SECONDED.The MOTION passed 5-0. The meeting adjourned at 6:35 p.m. FO IN HILLS BOARD OF ADJUSTMENT ATTEST. Chairman aul Ryan Paula Woodward, xecutive Ass tant 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 20th day of June 2017. I further certify that the meeting was duly called and that a quorum was present. Dated this 26th day of June 2017. PaAQ (A)17 Paula Woodward, E cutive Assistant Nor Page 3of 3