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HomeMy WebLinkAboutBA.2015.1020.Minutes TOWN OF FOUNTAIN HILLS Cow MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT October 20,2015 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, October 20, 2015, in the Town Hall Council Chambers located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona. AGENDA ITEM #1 - CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF SILENT REFLECTION,AND ROLL CALL. 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 Senior Planner, Zoning Administrator Robert Rodgers, and Paula Woodward Executive Assistant and Recorder of the minutes. Board Member John Kovac present Board Member Nick Sehman present Board Member Daniel Halloran present Vice-Chairman Carol Perica present Chairman Paul Ryan present AGENDA ITEM #2 - CONSIDERATION OF THE BOARD OF ADJUSTMENT MEETING MINUTES FOR SEPTEMBER 15,2015. Board Member John Kovac made a MOTION to approve the meeting minutes from the August 18, 2015, Board of Adjustment meeting. Vice-Chairman Carol Perica SECONDED and the MOTION passed 5-0, by those present. AGENDA ITEM #3 - PUBLIC HEARING OF THE APPLICATION OF STEVE SHAIN TO RECEIVE COMMENTS ON A REQUESTED VARIANCE FROM SECTION 5.06.B OF THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO ALLOW A FOUR (4') FOOT ENCROACHMENT INTO THE SIDE YARD SETBACK FOR THE PURPOSES OF ENCLOSING A CARPORT AT 17052 E. KINGSTREE BLVD. CASE #V 2015-01 Chairman Ryan opened the public hearing at 6:33 p.m. Senior Planner Bob Rodgers gave a presentation about the applicants variance request and showed overhead photos of the property and surrounding area. Mr. Rodgers noted the four findings listed in the agenda packet must be met in order for the board to grant the variance request. He said the applicant and architect are present & available for questions. Vice-Chairman Perica asked about the total amount of square footage and whether it's location is interior or exterior. Mr. Rodgers stated that the enclosed garage interior would be 685 square feet. In response to Chairman Ryan the applicant from the audience nodded that the house currently has direct access to the carport. Page I 1 Chairman Ryan asked if the shed was changing configuration or adding doors. Mr. Rodgers stated the shed configuration is not changing and will be connected by the new walls. Chairman Ryan asked if a tarp or canvas was put over the top of the carport length, it would not be a garage but it would be enclosed, is that a violation? Mr. Rodgers said in the past code enforcement has considered that a violation. Lattice is allowed to be used as landscaping features but not to create an enclosed structure that violates setbacks. In response to Chairman Ryan the applicant stated that the homeowner's association approved the plan and there were no conditions except to use the existing color. There is a letter from the home owner's association which the applicant will provide to Bob Rodgers. Vice-Chairman Perica asked, did an inspector from the Neighborhood Property Owners Association visit the property and approve the applicant's request? Mr. Shain, the applicant, said he travels a lot and may not have been there when that happened and would have to defer the question. Vice-Chairman Perica asked if the applicant, Steve Shain, spoke with any of the immediate neighbors. Mr. Shain said the architect, Mark Dohrman, for this project is present and also his neighbor. The applicant also stated that Jeanette Grant who lives west of him has no objections to the project. Mr. Dohrman said he supports the project not just because he is the architect but because it's an improvement that benefits the whole neighborhood. In response to Chairman Ryan Mr.Dohrman said the residence is in a special zoning district which is directly across Kingstree Blvd. from the golf course and is part of the golf course zoning district. Most houses in this area are non-conforming to today's zoning requirements. Zoning documents dating back to 1979 when the home was built are not available. Vice-Chairman Perica asked what is a RUPD district? Mr. Rodgers replied RUPD is Residential Unit Plan of Development. It's a County designation for a zoning area where there is a dimensional change from the normal district dimensional regulations around the property. Mr. Rodgers clarified the NPOA process of approving or denying an application. Mr. Rodgers explained although a property is inspected by a member of the NPOA, a committee ultimately approves or denies an applicant's request. Vice-Chairman Perica, asked does the NPOA base their opinion by what the Town approves? Mr. Rodgers stated they do not base their decision on whether or not the town approves a project. The NPOA approved this project which is before you tonight without town input. Page I 2 Mr. Shain addressed the board with the history of how he came to purchase the house in 1980 and stated that he made, and continues to make, improvements on the home. He said home improvements can benefit a neighborhood and he has given the home improvement jobs to local Fountain Hills businesses. Chairman Perica asked if the applicant is currently changing the exterior of the house. Mr. Shain confirmed yes and when they applied for the building permit the carport circumstance was discovered. Mr. Shain and Mr. Dohrman shared the exterior improvement sketches with the boardmembers. In response to Boardmember Kovac, Mr. Shain said he was and is the only house with a carport in the area. Mr. Dohrman referred to the County assessor map showing most homes around Mr.Shain's are located very close or up to the property line. Mr. Rodgers said it's not out of character for homes in this neighborhood to be close to the property line. Chairman Ryan asked, is this the only delay in the project or are there other conditions from the town? Mr. Rodgers said the remodeling project is under way with the proper permits with the exception of the carport. In response to Boardmember Halloran, Mr. Shain said the neighbor on the west does not object to any of the home improvements. Boardmember Kovac asked if the electrical panel exists on the shed. Mr. Dohrman confirmed the electrical panel has always been on the shed portion of the structure. He stated he hesitates calling it a shed because it has a support beam for the garage and the International Residential Building Code considers this part of the house. Vice-chairman Perica asked what other improvements are planned? Mr. Dohrman explained the full spectrum of the remodel using the design plan displayed on the over head screen. He also confirmed the supporting beam for the carport is located on top of the shed which was very common in older desert homes built at that time. In response to Vice-Chairman Perica, Mr. Shain said the house was built in 1979. He purchased the home in 1980. Chairman Ryan asked if there were anymore questions from the Board, and if there were any call to the public speaker cards submitted. No speaker cards were submitted. Mr. Dohrman made an additional comment that all new work taking place is within the existing structure footprint and outside of the 7 foot setback area. Page 13 In response to Vice-Chairman Perica, Mr. Rodgers stated 3 feet set backs are allowed for detached accessory structures such as the existing shed if they are no larger than 120 square feet. Boardmember Sehman stated this is a good example of a variance case. Chairman Ryan closed the public hearing at 7:04 p.m. AGENDA ITEM #4 - CONSIDERATION OF THE APPLICATION OF STEVE SHAIN FOR A REQUESTED VARIANCE FROM SECTION 5.06.B OF THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE TO ALLOW A FOUR (4') FOOT ENCROACHMENT INTO THE SIDE YARD SETBACK FOR THE PURPOSES OF ENCLOSING A CARPORT AT 17052 E. KINGSTREE BLVD. CASE #V 2015-01 Discussion took place among the Boardmembers. Chairman Ryan asked for a motion to FIND that the written and verbal testimony has 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 5.06.B to allow a carport to be enclosed and attached to a storage shed, thereby resulting in a 3' side yard setback. Board Member John Kovac made a MOTION to GRANT the requested Variance from Section 5.06.B to allow a carport to be enclosed and attached to a storage shed, thereby resulting in a 3' side yard setback at 17052 E. Kingstree Blvd. Boardmember Sehman SECONDED and the MOTION CARRIED UNANIMOUSLY (5-0). Chairman Ryan aye Vice-Chairman Perica aye Boardmember Kovac aye Boardmember Sehman aye Boardmember Halloran aye AGENDA ITEM#5 -ADJOURMENT Chairman Ryan adjourned the meeting at 7:10 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT B : / ATTEST: `PC/ -0c00M Chairman Paul Ryan Paula Woodward, Executive Assistant 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 21th day of October of 2015. I further certify that the meeting was duly called and that a quorum was present. Dated this 21ST day of October 2015. PeutiAi w ,-) Paula Woodward, Executive Assistant Page I4