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HomeMy WebLinkAboutBA.2013.1119.Minutes TOWN OF FOUNTAIN HILLS 4iivr MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT November 19, 2013 A public meeting of the Fountain Hills Board of Adjustment was convened and called to order by Acting-Chairman Carol Perica at 6:33 p.m. Tuesday,November 19, 2013, in the Town Hall Council Chambers located at 16705 E. Avenue of the Fountains, Fountain Hills, Arizona. CALL TO ORDER,PLEDGE TO THE FLAG,MOMENT OF SILENT REFLECTION, AND ROLL CALL. Present for the meeting were Vice-Chairman Carol Perica and Board Members John Kovac III, and Nick Sehman. Also present were Senior Planner and Zoning Administrator Robert Rodgers and Janice Baxter Executive Assistant and recorder of the minutes. Board Members Chairman Paul Ryan and Daniel J. Halloran were not in attendance. Chairman Paul Ryan absent Board Member John Kovac present Vice-Chairman Carol Perica present Board Member Daniel Halloran absent Board Member Nick Sehman present .r.. AGENDA ITEM #1 CONSIDERATION of the Board of Adjustment meeting minutes for May 21, 2013. Board Member Nick Sehman made a MOTION to approve the meeting minutes from the May 21, 2013, Board of Adjustment meeting. Board Member John Kovac SECONDED and the MOTION passed 3-0,by those present. Roll call: Board Member John Kovac aye Board Member Nick Sehman aye Acting Chairman Carol Perica aye AGENDA ITEM#2 PUBLIC HEARING to receive comments on the application of Dennis and Charlene Burgett for a requested VARIANCE from Section 5.09.A.1 of the Town of Fountain Hills Zoning Ordinance to allow the erection of a 5' tall fence/wall within 8' of a street-side property line at 15721 E. Grassland Drive. Case Number V2013-03. Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint presentation (See Exhibit"A"). Board of Adjustment Meeting Minutes November 19, 2013 Page 1 of 3 Acting Chairman Carol Perica requested, for the record,the following criteria reviewed for the Boards benefit that also included staff's response to those criteria. The four findings read by Acting Chairman Carol Perica are as follows: 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. Staff Response: The proposed wall location creates a more useable yard area for the resident. However, the proposed new location increases the non-conforming nature of the wall and is not really necessary since the wall could be placed in either its pre-existing location or a new, conforming location and still meet the Building Code requirements for a pool barrier. 2. The above special circumstances or conditions are preexisting and are not created or self- imposed by the owner or applicant. Staff Response: The fact that the wall is now demolished cannot be considered as a self-imposed hardship since the applicants acted in good faith under a building permit that was valid at the time. It is also a fact that a 5' tall wall or fence is required around the pool area. However, the proposed new wall location does create an increased self-imposed non- conformity. 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. 111) Staff Response: The property is currently being used as a single-family residential dwelling and is in conformance with the town's zoning ordinance. No variance is necessary for the property owners to use their property as permitted in the ordinance. The pre-existing setback encroachments does not create any additional hindrances as they can be considered grandfathered. Denial of the requested variance will not alter this. There is no loss 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. Staff Response: The proposed new location of the wall appears to be consistent with the surrounding neighborhood and appears to meet the requirement of not being detrimental to the neighborhood or general public welfare. Public Hearing opened at 6:45 p.m. Charlene Burgett applicant and owner of the property spoke addressing the request and pointed out issues she felt would benefit the safety of their property, roof line and pool location. Public Hearing closed at 7:02 p.m. C Board of Adjustment Meeting Minutes November 19, 2013 Page 2 of 3 11/14/2013 too Town of Fountain Hilts . Staff Pl ecen atic�n t s , • ,. •9j,that is ttV til' >., .. 15721 E. Grassland Drive 2012 aariat ph.. \arlancc too Variance Criteria ' c--r t rtces or conditions exist regarding the land.building, _I- in the application, which do not apply to other mr t1i fir.,,. F-F perties in the district. he above special circumstances or conditions are pre-existing and are / j created or self-imposed by the owner or applicant. {t ',i p he variance is necessary for the preservation of substantial property ., a / _ .x tights. Without a variance the property cannot be used for purposes Ar r 1 . otherwise altowed in the district y -----....,.,,�„,�4 ,� Y _ 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. rMawagfr- 2012.Aenal['hate Prot i:zd�.c��tz'ali Exhibit "A " 1 AGENDA ITEM #3 CONSIDERATION of the application of Dennis and Charlene Burgett for a requested VARIANCE from Section 5.09.A.1 of the Town of Fountain Hills Zoning Ordinance to allow the erection of a 5' tall fence/wall within 8' of a street-side property line at 15721 E. Grassland Drive. Case Number V2013-03. Board Member John Kovac MOVED to FIND that the applicant has satisfactorily demonstrated that they meet the four required criteria as listed in the staff report and that the Board of Adjustment GRANTS the requested variance from Section 5.09.A.1 to allow a 5' tall wall to be constructed within 8' of the street-side property line. Board Member Nick Sehman SECONDED and the MOTION CARRIED 3-0, by those members in attendance. AGENDA ITEM#ADJOURNMENT. Board Member Nick Sehman made a MOTION to adjourn the meeting and Acting Chairman Carol Perica SECONDED. The MOTION passed 3-0. The meeting adjourned at 7:04 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT BY: �s�TTEST: ij a+6e--. Acting Chairman ice E. Baxter, Executive Assistant ram, Carol Perica 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 19th day November of 2013. I further certify that the meeting was duly called and that a quorum was present. Dated this 19th day of November 2013. . 4)4.ik"-. Jaa ice E. Baxter, Executive Assistant I Board of Adjustment Meeting Minutes November 19, 2013 Page 3 of 3