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HomeMy WebLinkAboutBA.2012.1218.Agenda POST AGENDA J�TAINjj . ifis z MEETING NOTICE Z • OF THE -1/, ooga that is At`l' BOARD OF ADJUSTMENT Board Members: Chairman Paul Ryan, Vice-Chairman Carol Perica John Kovac III, Nick Sehman and Gary Glunz Pursuant to A.R.S. 38-431.02, notice is hereby given to the members of the Fountain Hills Board of Adjustment and to the general public that the Fountain Hills Board of Adjustment will hold a meeting, which is open to the general public, on December 18, 2012, a t 6:30 p.m. in the Town Hall Council Chambers, 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. WHEN: TUESDAY,DECEMBER 18,2012 TIME: 6:30 P.M. ktr.VHERE: TOWN HALL COUNCIL CHAMBERS AGENDA ITEMS 1. CALL TO ORDER,PLEDGE TO THE FLAG,MOMENT OF SILENT REFLECTION,AND ROLL CALL. OPENED AT 6:30 P.M. 2. CONSIDERATION of the Board of Adjustment meeting minutes for March 20,2012. APPROVED 3. PUBLIC HEARING to receive comments on the application of Robert Sykes at property located at 16506 E. Lost Arrow Drive, Fountain Hills,AZ for two VARIANCES from the Town of Fountain Hills Zoning Ordinance: 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an existing driveway on the same property. 2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' if a street intersection. NO ACTION 4. CONSIDERATION of the application of Robert Sykes at property located at 16506 E. Lost Arrow Drive, Fountain Hills, AZ for two VARIANCES from the Town of Fountain Hills Zoning Ordinance: iiiiir 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an existing driveway on the same property. 2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' if a street intersection.APPROVED 5-0 Board of Adjustment Paae 1 of 2 POST AGENDA 5. CONSIDERATION of ratifying the Board of Adjustment By-Laws that have been amended to change staff's title and the department name. Also,sections have been amended to clarify intent regarding public notice,application withdrawals, 104iihy parliamentary procedures,voting,and file retention.APPROVED 5-0 TO FORWARD TO TOWN COUNCIL. 6. ADJOURNMENT.@ 7:01 P.M. Supporting documentation and staff reports furnished the Board with this agenda are available for review in the Planning& Zoning Department. DATED this 10th day of December 2012 By: Robert Rodgers,Senior Planner The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837- 2003 (voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. C Board of Adjustment Page 2 of 2 ��tAIN4stk 44°,' j/ tN MEETING NOTICE OF THE that is 01" BOARD OF ADJUSTMENT Board Members: Chairman Paul Ryan, Vice-Chairman Carol Perica John Kovac III, Nick Sehman and Gary Glunz Pursuant to A.RS. 38-431.02, notice is hereby given to the members of the Fountain Hills Board of Adjustment and to the general public that the Fountain Hills Board of Adjustment will hold a meeting, which is open to the general public, on December 18, 2012, a t 6:30 p.m. in the Town Hall Council Chambers, 16705 E.Avenue of the Fountains, Fountain Hills,Arizona. WHEN: TUESDAY,DECEMBER 18,2012 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS AGENDA ITEMS 1. CALL TO ORDER,PLEDGE TO THE FLAG,MOMENT OF SILENT REFLECTION,AND ROLL CALL. 2. CONSIDERATION of the Board of Adjustment meeting minutes for March 20,2012. 3. PUBLIC HEARING to receive comments on the application of Robert Sykes at property located at 16506 E.Lost Arrow Drive,Fountain Hills,AZ for two VARIANCES from the Town of Fountain Hills Zoning Ordinance: 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an existing driveway on the same property. 2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' if a street intersection. 4.CONSIDERATION of the application of Robert Sykes at property located at 16506 E.Lost Arrow Drive,Fountain Hills, AZ for two VARIANCES from the Town of Fountain Hills Zoning Ordinance: 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an existing driveway on the same property. 2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' if a street intersection. L Board of Adjustment Page 1 of 2 5. CONSIDERATION of ratifying the Board of Adjustment By-Laws that have been amended to change staff's title and the department name. Also,sections have been amended to clarify intent regarding public notice,application withdrawals, parliamentary procedures,voting,and file retention. (76. ADJOURNMENT. Supporting documentation and staff reports furnished the Board with this agenda are available for review in the Planning& Zoning Department. DATED this l Oth day of December 2012 By: Robert Rodgers, Senior Planner The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837- 2003 (voice)or 1-800-367-8939(TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members may be in attendance. No official action will be taken. 40 Board of Adjustment Pace 2 of 2 �A><N TOWN OF FOUNTAIN HILLS �o ► Planning and Zoning . X Board of Adjustment liirbamisu" AGENDA ACTION FORM Meeting Date: December 18,2012 Meeting Type: Regular Agenda Type: Regular Submitting Department: Dev.Services Staff Contact Information: Janice Baxter, Executive Assistant Development Services REQUEST TO COMMISSION: Consideration of approving the Board of Adjustment regular meeting minutes from March 20, 2012. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A elated Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary(background): Approval of the Board of Adjustment Regular Meeting minutes from March 20, 2012. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact(initial and ongoing costs; budget status): N/A Recommendation(s): Approval Staff Recommendation(s): Approval SUGGESTED MOTION: Move to approve the Board of Adjustment Regular Meeting minutes dated March 20, 2012, as presented. Attachment(s): Copy of the Board of Adjustment Regular Meeting minutes from March 20, 2012. Submitted by: 5'»ice 3 qe ex December 10, 2012 Executive Assistant Date Opp 2 !) /Z �r+r Odgers, Senior Planner Da e Page 1 of 1 AINJY TOWN OF FOUNTAIN HILLS Oa �t�, �- Zn v' Planning and Zoning ? >< Board of Adjustment chatismvt AGENDA ACTION FORM Meeting Date: December 18, 2012 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers&..fh.az.gov REQUEST TO BOARD OF ADJUSTMENT: PUBLIC HEARING to receive comments on the application of Robert Sykes at property located at 16506 E. Lost Arrow Drive, Fountain Hills, AZ for two VARIANCES from the Town of Fountain Hills Zoning Ordinance: 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an existing driveway on the same property. 2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' of a street intersection. CONSIDERATION of the application of Robert Sykes at property located at 16506 E. Lost Arrow Drive, ountain Hills, AZ for two VARIANCES from the Town of Fountain Hills Zoning Ordinance: 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an existing driveway on the same property. 2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' of a street intersection. Case #V2012-02 Applicant: Stan J. Connick &Associates Applicant Contact Information: 11027 N. Pinto Drive, Fountain Hills, (480)816-8000 Owner: Robert Sykes Owner Contact Information: 16705 E. Lost Arrow Drive, Fountain Hills, (941)724-0404 Property Location: 16506 E. Lost Arrow Drive, Fountain Hills (Plat 206, Block 4, Lot 1) (APN: 176-05-304) Related Ordinance, Policy or Guiding Principle: Zoning Ordinance Section 7.03.A.3 — Driveways Zoning Ordinance Section 7.03.A.5.a. — Driveway Location Restrictions Zoning Ordinance Section 7.03.A.5.i.iii — Driveway Location Restrictions Zoning Ordinance Section 2.07.B —Variance Town Code Article 2-8-4 — Board of Adjustment Duties Town Code Article 2-8-6 —Variances 2006-2010 Strategic Plan — Conformance with Town Regulations Page 1 of 6 Variance: 16705 E. Lost Arrow Drive Case:V 2012-02 Staff Summary (background): The residence located at 16506 E. Lost Arrow Drive is in the R-2 Zoning District and was built prior to town (corporation under Maricopa County zoning requirements. The building is U-shaped and currently contains Iwo dwelling units, one of which is a rental. The property currently has two off-street parking spaces within an existing garage as well as room for two additional off-street spaces in the existing driveway. The current use is conforming and all zoning bulk and coverage controls such as setbacks and lot coverage restrictions are met. This application is requesting two zoning variances, both relating to a newly proposed 2nd driveway. The first variance request is from Section 7.03.A.5.a to allow a second driveway entrance within 30' of an existing driveway entrance on the same property. The proposed new 2nd driveway is 16'- 534" from the currently existing driveway. The second variance request is from Section 7.03.A.5.i.iii to allow a driveway entrance within 50' of a street intersection. The proposed new 2nd driveway is 48' from the roadway intersection of Lost Arrow Drive and La Montana Drive. Section 7.03.A.3 of the Zoning Ordinance states that driveways may be no less than 10' in width. The proposed driveway is 10'- 21/2" wide and therefore conforms. It is intended to be used for access to a newly created garage being constructed in a portion of the area being currently used as a courtyard. CODE REQUIREMENTS: Town Code Article 2-8 BOARD OF ADJUSTMENT Section 2-8-4 Duties A. It shall be the duty of the board of adjustment to hear appeals concerning the interpretation or administration of the zoning code, made by the zoning administrator. The board may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. 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. Page 2 of 6 Variance: 16705 E. Lost Arrow Drive Case:V 2012-02 Town Code Article 2-8 BOARD OF ADJUSTMENT Section 2-8-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Zoning Ordinance 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 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. FINDINGS: The four findings which must be made by the Board of Adjustment in order to grant a variance are listed below. After each finding, the applicant's justification as it appears on the Variance application is provided, followed by staffs response. Page 3 of 6 Variance: 16705 E. Lost Arrow Drive Case:V 2012-02 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: The property is located on a street with numerous other duplexes, all of which have two driveways serving the individual units. This is the only duplex on the street without individual access for each unit. Staff Response: The second driveway is not required to maintain the use of the property. It would merely be a convenience. This is not a special circumstance that only applies to this property. It applies to all the properties on the street. However, staff agrees that this is the only 2-unit property on the street without a second driveway. 2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant. Applicant: The duplex was built in 1975 before the minimum setback and driveway requirements. Access to the rear from the front of the lot is a problem because of the terrain. Staff Response: The fact that the house was constructed 14 years prior to the town's incorporation provides a good understanding of why the house was situated in such a manner as to preclude a 2nd driveway. The current driveway width and location requirements were not in force under the county regulations at that time. However, the property does currently conform to the Town's zoning ordinance. Staff agrees that access from La Montana Drive is problematic due to the steepness of the slope. 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: Providing additional off-street parking has a higher priority than the proposed non- conforming driveway and allows both unit occupants to park without infringing on the other's access. Staff Response: The property is currently being used as a two-unit residential dwelling and is in full conformance with the town's zoning ordinance. No variance is necessary for the property owner to use his property as permitted in the ordinance. Denial of the requested variances 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. Applicant: The proposal improves the existing property and is consistent with the neighborhood and the purpose of the zoning ordinance. Staff Response: The addition of a second driveway and garage for tenant vehicles 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. Risk Analysis (options or alternatives with implications): Approval of the two requested variances will allow the construction of a 2nd driveway that is 10'- 21/2" wide to be installed within 16'- 53/4" of an existing driveway on the same property and allow the driveway entrance to be located within 48' of a street intersection. Page 4 of 6 Variance: 16705 E. Lost Arrow Drive Case:V 2012-02 Denial of even one of the requested variances will effectively prohibit the construction of a 2nd driveway on this roperty. The 2006-2010 Strategic Plan adopted by the Town Council recommends that the provisions of the Zoning Ordinance be strictly enforced. Denial of this proposal would be in keeping with the guidelines of the Strategic Plan. Fiscal Impact (initial and ongoing costs; budget status): No Financial impact to the town is anticipated. Staff Recommendation(s): The Town Engineer has reviewed the proposal and has determined that no safety issues appear to be created if the driveway is installed as proposed. Planning staff does not object to the installation and believes that the four findings noted above have been adequately addressed. The location of the house does not allow the applicant to place a 2nd legally dimensioned driveway on the property without violating one or more provisions of the zoning ordinance. Staff further believes that the variances, while not wholly necessary, will allow for the preservation of substantial property rights. The property is used for a primary use that is allowed in the "R-2" Zoning District. Finally, staff believes that granting the variance will not be detrimental to persons residing in the vicinity. SUGGESTED MOTIONS: Move to FIND that the applicant has (UN)satisfactorily demonstrated that they meet the four required criteria as listed in the staff report and that the Board of Adjustment (GRANT / DENY) the requested Variance from Section 7.03.A.5.a to allow a second driveway within 16'- 53/4" of an existing driveway on the same property. 'love to FIND that the applicant has UN satisfactorily demonstrated that they meet the four required criteria as .,sted in the staff report and that the Board of Adjustment (GRANT / DENY) the requested Variance from Section 7.03.A.5.i.iii to allow a driveway within 48' of a street intersection. Submitted by: Attachment(s): 1. Application R,o6ert Rodgers 2. Applicant's Narrative j i Z. 3. Site Photo Name/Title D e 4. Architectural Rendering 5. Site Plan 6. Aerial Photo of Neighborhood Approved by: Devel men Arvices Director Date Page 5 of 6 Variance: 16705 E. Lost Arrow Drive Case:V 2012-02 w,.. Aerial Photo of Neighborhood .",L ,,,., ...'''1''' . 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Page 6 of 6 4 �AIN DO Not write in t is sr. a —official use only Filing Date „Tho �1��l ?i / / ( ) Accepted By rot J. 3 Fee Accepted '/ (9"io. Case Manager . )eate `.r.. (bat isA-vVi'o The Town of Fountain Hills Planning & Zoning Division - APPLICATION Abandonment (Plat or Condominium) Appeal of Administrator's Interpretation Area Specific Plan &Amendments Concept Plan Condominium Plat Cut/Fill Waiver Development Agreement HPE Change or Abandonment General Plan Amendment Ordinance (Text Amendment) Planned Unit Development Preliminary/ Final Plat Replat (Lot joins, lot splits, lot line adjustmer Rezoning (Map) V2012-01(M#3470) Site Plan Review (vehicles sales) 16506 E. LOST ARROW DRIVE I Variance PLAT 206, BLK 5, LOT 1 176-05-304 1 OF 2 11/8/2012 PROJECT NAME / NATURE OF PROJECT: LEGAL DESCRIPTION: Plat Name 2..j‘ Block Lot P PERTY ADDRESS: l G 50 6_ z_05- /924 ocv U P PARCEL SIZE (Acres) 2,6 ASSESSOR PARCEL NUMBER /74 05 30 NUMBER OF UNITS PROPOSED If/e- TRACTS A'15- EXISTING ZONING - Z PROPOSED ZONING N/•9 Applicant . /93l/- Mrs. j rJ"/ \1_ Cs7✓WN1 C c< rc• SSOu rz z Day Phone me 6 E G Mr. Ms. Address: ( (02-7 /- Plit75 72, City: FT)P / WCCS State: t Z Zip: a526Z Email: 574/4 C ..✓,t"t(C k i 2 CiT/ C_ok,vile Owner q .I Mrs. G/� SY i<e Day Phone le'/ 7Z y ©e¢DC/ )(' Mr. Ms. Address: 1 7O f_IGSi 42204/ 1"1 City: FTikl M'UCS State: # Z Zip: O'52.6, If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER DATE g-7/ I HEREBY AUTHORIZE TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this day of , 20 My Commission Expires Notary Public Application-Revised 100701 MUNIS# JT Case File Number Page 2of6 200.-01.- STAN J. CONNICK and ASSOCIATES November 19,2012 • Town of Fountain Hills 16705 E.Avenue of the Fountains Fountain Hills,AZ 85268 Re: Variance for driveway location 1 1-1 9-1 2 P 0; : 31 R C y,., 16506 E.Lost Arrow Drive Fountain Hills,AZ 85268 Attention: Robert Rodgers,Planning and Zoning Administrator NARRATIVE The duplex located at the above referenced address was constructed in 1975,pre-incorporation of the Town of Fountain Hills. The property has 2 off-street parking spaces. The current Zoning Ordinance in Section 7.04 Schedule G states in l.a that: 2 parking spaces are required per unit or 4 total spaces_ The owner wants to partially amend this condition by adding a single car garage within an existing courtyard. This the only location available due to the current setbacks and the steep terrain along La Montana Drive, however this would require a driveway that does not comply with the following sections of the Zoning Ordinance: SECTION 7.03A. 5.a Driveways shall not be located within 30'of another driveway on the same lot, at the right-of-way line. . SECTION 7.03.A.5.i.iii "Within 50'of an intersecting street curb...on a local street." THE OWNER HAS NOT CREATED A SELF-IMPOSED HARDSHIP. The existing building was constructed within the requirements of another zoning ordinance by another governing body,Maricopa County. The access to the rear of the building is very challenging due to the steep terrain. Providing an additional off-street parking space that will improve non-conformance off street parking has a HIGHER PRIORITY than the proposed non-conforming driveway. The independent driveway allows both occupants to a garage without infringing on the other's access. The proposed driveway's distance from La Montana Drive is the same as the duplex directly across Lost Arrow Drive. The proposed location of the driveway to an adjacent street and to another driveway are consistent with many other developed properties in Fountain Hills. The Town Engineer,Randy Harrel is familiar with the intentions of this provision in the Ordinance. There was concern of limited landscaping in the front yard,particularly with a circular driveway that has driveways closer than 30 feet apart. The 2 straight driveways are separated by over 16' which allows for adequate landscaping,also traffic visibility in best on corner sites when the oncoming traffic from the intersecting street is opposite the access to the site. This proposal improves the existing property and is consistent with the Purpose of the Zoning Ordinance. Your consideration is appreciated. (z. Sincerely, Stan J.Connick,Architect Archnec Planners 11027 N.Pinto Drive•Fountain Hills,AZ 85268•Voice(480)816-8000•Fax(480)816-8222 sconnick@stanconnickarchitect.com•www.stanconnickarchitect.com ! - 0 0 ' .,... - -..•----'' -MIN .11. ,....- . .oil iiiili•'., ..„, i wall 1,1 : MEM ! “N _ .1111111mesa ,e1.4.711 .,,, ?-j.7,.../Iikar ........•_-,,,....-.• .19=1111 I '7.; --r-'-r-lsout• ,,,,-;:. . ........_ -•---,.. ' r ..j:1 II • - , ''....._ • , . -, . . , , , • , . . . . ..• .- :,....? • . . . . . . . •. _ . . .• ..... . .,... "•• - - •-•--' ...___- __. _. ._... _ ............ -• _ . •-_ .. I . .. .0161 -:--ii€•, . ....,,... ,--. . . ...... ,. 1 - • • . ,. ., ..... , A • • '' . '‘'..-•--., '", . ...,„ ..f..7,.. -......,. . ,. . . - • , < - • .. .... .. .. ., % w:"'•4-,,,........, . . , . .. .I • - .4,'-`* ,..;;:i':..''''''. . • , .I.. • • , . •'., ... r ._ . . . . .._ . . , . .. . , . . . ... ... . . .. : ...... . ..._ ..„(10‘01.... ,:. 400......'- .. ...„. , " . -- oil • ', 'sell. 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' miNiummilimminN111111111., , , .... , ' i E ';,' i . E i i i '\\, 1 1 El I.! ! ., ,., , ,...; - rr- 1 i - IT .11 ,1 \ I li --_... --_,----- , , ' , f,Iii \''\\\."\\.,•'-'. 't . . ' 1 , ,,,..,:....._.. , (iiir' . . i, ;;;;;;::.,.;;;;;;;,,,(;.;!, 1 I i i a��AIN�r� TOWN OF FOUNTAIN HILLS X Planning and Zoning 44, P ° •�' Board of Adjustment eq• that is�'O' AGENDA ACTION FORM Meeting Date: December 18, 2012 Agenda Type: Regular Meeting Type: Regular Submitting Department: Development Services Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers(cr)fh.az.gov REQUEST TO BOARD OF ADJUSTMENT: CONSIDERATION of ratifying the Board of Adjustment By-Laws that have been amended to change staff's title and the department name Also, sections have been amended to clarify intent regarding public notice, application withdrawals, parliamentary procedure, voting, and file retention. Applicant: Town of Fountain Hills Applicant Contact Information: Development Services Department 16705 E. Avenue of the Fountains, (480) 816 - 5122 Property Location: N/A Related Ordinance, Policy or Guiding Principle: 2007 Board of Adjustment By-Laws Staff Summary (background): This action is administrative and clerical in nature and does not affect the purpose and intent of the Board of Adjustment. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Staff Recommendation(s): Staff recommends that the Board of Adjustment approve the amended Bylaws as written. SUGGESTED MOTION: Move to approve and ratify the Board of Adjustment By-Laws that have been amended to change staff's title and the department name Also, sections have been amended to clarify intent regarding public notice, application withdrawals, parliamentary procedure, voting, and file retention Attachment(s): Draft Board of Adjustment Bylaws Submitted by: Approved by: ',Oen W,odgers �� �! Name/Title Date Development Services Director Date Page I of 2 AIN 4jl THE TOWN OF FOUNTAIN HILLS BOARD OF ADJUSTMENT BYLAWS � b • • 9l1 that is 01'�� ORGANIZATION A. Officers and Staff (1) The Board shall elect a Chair and Vice-Chair annually from among the appointed members at the first meeting held in February. a) The term of Chair and Vice-Chair shall be one (1) year and any member serving as Chair or Vice-Chair shall be eligible for re-election. b) The Vice-Chair shall act as Chair in the Chair's absence. In the absence �.. of the Chair and Vice-Chair, the senior member, based upon years of membership, shall act as Chair. If there is more than one (1) senior member, the Chair shall be selected by general agreement amongst those attending. c) Any vacancy for Chair or Vice-Chair as may occur for any reason shall be filled from the Board membership by majority vote of the Board at the next meeting where a quorum of the Board is present. d) The Chair or Vice-Chair may be removed from Office at any time by a three-fifths (3/5) majority vote of the full Board members. (2) The Chair shall preside at all meetings and hearings of the Board, decide all points of order and procedure, and perform any duties required by law, ordinance or these bylaws. a) The Chair shall have the right to vote on all matters before the Board, and shall also have the right to make or second motions. (3) The To .4 Plannia a„d Zoning Director Zoning Administrator, or his/her designated representative, shall serve the Board as Secretary. The planning staff shall furnish professional and technical advice to the Board. Cor I Board of Adjustment By-Laws updated doc 4-2012(1st revision)Beipteetttpdated doe 7 07.doe-, (4) The Town Attorney, or his/her designated representative, shall have the responsibility of furnishing such legal advice on all points of order, procedure, or other matters as may be requested from time to time. II. MEETINGS A. Regular Meetings (1) Regular meetings shall be held as needed on the third Tuesday of each month at 6:30 P.M. Whenever a legal holiday is the same day as a meeting, such meeting shall either be canceled or rescheduled by motion and majority vote of the Board. (2) Regular meetings of the Board shall be open to the public and the minutes of the proceedings, showing the vote of each member and records of its examinations and other official action shall be filed in the Planning and Zoning Development Services Department as a public record. For any matter under consideration, any person may speak to the issue upon being recognized by the Chair and stating their name and address and the names of any persons on whose behalf they are appearing. (3) The Board may, by a single consent motion, approve any number of applications where the Board, staff, and applicant are in agreement and where, after call and invitation by the Chair to do so, no member of the Board or general public wishes to address any particular item designated for consent action by the Board. Should any member of the Board, Staff or public so request, the Board shall then withdraw it from the consent agenda for the purpose of public discussion and separate action. (4) Regular meetings of the Board shall be held in Council Chambers of Town Hall, 16705 E. Avenue of the Fountains; Fountain Hills, Arizona, 85268, unless advertised differently. B. Study Sessions (1) Study sessions for any purpose may be held on the call of the Chair or request of Three (3) or more members, at least twenty-four (24) hours before the meeting. At least twenty-four (24) hours notice shall be given to the general public by posting such notice at Town Hall, and otherwise in conformance with Arizona State Law. The call and notice shall specify the time and place of the study session, and an agenda of the business to be transacted. (2) Study sessions may be held before or after any regular meeting, subject to providing notice as provided herein. When a matter is set for a study session, public testimony may be barred or limited to particular persons at the discretion of the Chair. C I Board of Adjustment By-Laws updated doc 4-2012(1st revision) C. Executive Sessions (1) The Board may hold an executive session closed to the public during a regular or special meeting to consider matters permissible in executive sessions pursuant to the laws of the State of Arizona. D. Notice of Meetings and Hearings (1) Written notice of all meetings to Board members shall be made available to Board Members deposited in the mail at least three (3) days or delivered in person at least twenty-four (24) hours before the date of the meeting; except that where required by an actual emergency, members may be notified by telephone by the Secretary. E. Quorum (1) A majority of the members of the Board shall constitute a quorum for transacting business at any regular meeting. No action shall be taken at any regular meeting in the absence of a quorum, except to adjourn the meeting to a subsequent date. At a study session, any number of Board members may hold discussion on agenda items. The affirmative vote of three (3) members shall be required for passage of any matter before the Board. F. Agenda tihr (1) An agenda shall be prepared by the Secretary for each regular meeting, study session, and executive session of the Board. The agenda shall include the various matters of business as scheduled for consideration by the Board. G. Withdrawal of Request (1) Any request may be withdrawn upon request to the Secretary, but no request shall be withdrawn after the legal posting oof a hearing notice or legal and published for notification prior to the public hearing thereon without formal consent of the Board. H. Field Trips (1) The Board may take field trips to view property or for other purposes relevant to a public hearing or other matter under consideration. All Board field trips shall be taken as part of a regular or special meeting, and all interested persons shall be afforded the opportunity to be present to view the property and hear any reports or comments. A record of the field trip shall be entered into the minutes, so that the record shall indicate that the field trip was taken into consideration as evidence. Nothing herein shall prevent less than a quorum of the Board, or Board members individually at their own convenience and expense, from taking field trips to view property, which is the subject of an application or other matter being considered. I Board of Adjustment By-Laws updated doc 4-2012(1st reviston)Borte+6149t Ry 6 ws--ReN lion-updated doe 07.doom Li III. ORDER OF BUSINESS A. Parliamentary Procedure (1) The hearing need not be conducted according to technical, judicial Rules of Evidence. Any relevant evidence may be considered if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. a) The Chair may exclude irrelevant or redundant testimony and make surc certain other rulings as may be necessary for the orderly conduct of the proceedings, while ensuring basic fairness and a full airing of the issues involved. Evidentiary objections shall be waived unless made timely to the hearing. b) Any evidence supporting the granting or denial of an application shall be submitted to the Planning and Zoning Development Services Department prior to the meeting or to the Board during the public meeting. (2) The Board may continue the hearing up to twenty-one (21) days on any application or other matter for which the applicant fails to appear unless the 111) applicant has requested in writing that the Board act without their being present at the hearing; provided, however, the Board may hear those persons requesting to speak in response to the notice of hearing. a) Witnesses shall not ordinarily be sworn unless a specific request is made and granted prior to the taking of testimony. The Chair may, upon request of any member of the hearing body or upon the advice of the Town Attorney, require that all witnesses be sworn before giving testimony in a particular matter. Witnesses may be sworn as a group prior to the presentation of the staff report. b) A member who is absent from any portion of a hearing conducted by the Board may vote on the matter at the time it is acted upon by the Board, provided that he or she has listened to the tape recording made, or reviewed the minutes of, any portion of the hearing from which they were absent, and state for the record prior to voting that they deem themselves to be familiar with the record. A member who misses only the presentation of the staff report may vote on the matter at the time it is acted upon by the Board, provided that they state for the record that they have read the staff report and are familiar with it. (3) In order to expedite the conduct of the hearing,the Chair may limit the amount • of time, which a person may use in addressing the hearing body. The Chair may also limit the speakers or testimony upon a particular issue in order to avoid repetitious and cumulative evidence. Board of Adjustment By-Laws updated doe 4-2012(1st revision) (4) The burden of proof of all legal prerequisites to the granting of the relief or action sought shall be upon the party requesting such relief or action. B. Voting (1) After all evidence has been submitted to the Board; each case shall be heard, considered and acted upon in a public meeting. (2) In taking action on any application or other matter, the Board may grant approval, grant approval with conditions, modify the request so as to make more restrictions, or deny the item altogether. In these actions,the Board shall be guided by the provisions of the Zoning Code Ordinance and Subdivision GodeOrdinance. (3) By majority vote, the Board may defer action on any matter when it concludes that additional time for further study or input is necessary; if continued, any public hearing shall be continued to a certain date; if tabled, any public hearing shall be subject to the requirements of re-advertising and re-notice, as if a new application were being considered, and upon majority vote by the Board to remove it from the table. (4) A majority vote of the Board members present and voting shall be required to take official action including but not limited to, the adopting of policy or submitting recommendations. When a motion in favor of any application or other matter fails to receive the required majority votes, it shall be entered into the minutes as a vote to deny the action being considered. In the event that there is no motion, or the motion dies for lack of a second, it shall be entered into the minutes as a denial of the application being considered. Nothing herein shall prevent any member from making a subsequent motion on any matter where a prior motion is not approved by the minimum majority of three (votes of all members present. (5) A member shall discount himself/herself and abstain from voting whenever they may have a conflict of interest in the case under consideration, as described and provided by the Arizona Revised Statutes (ARS 38-501). (6) Each member attending shall be entitled to one (1) vote. The minutes of the proceedings shall indicate the vote of each member on every matter acted upon, and shall indicate any absence or failure to vote. No member shall be excused from voting except on matters involving the consideration of their own official conduct, or such matters as referred to in Section III. CB.. (5) of these bylaws. (7) A motion to adopt or approve staff recommendations or simply to approve the action under consideration shall, unless otherwise particularly specified, be deemed to include adoption of all proposed findings and execution of all actions recommended in the staff report on file in the matter. Board of Adjustment By-Laws updated doc 4-2012(1st revision) C IV. OFFICIAL RECORDS A. Retention of Files (1) The official records of the Board shall include these rules and regulations, minutes of meetings, resolutions, and its adopted reports, which shall be deposited with the Development Services Department and which shall be available for public inspection during customary office hours. All applications and other matters coming before the Board shall be filed in the Platuing and Zoning Development Services Department in accordance with that Department's general file system. Original papers of all applications and other matters shall be retained for not less than ten (10) years after the date of application. Thereafter, such matters may be microfilmcdarchived, along with other special matters, as the Secretary deems essential, for permanent record. B. Recording of Meetings (1) All public meetings of the Board may be recorded by electronic device. Any person desiring to have a meeting recorded by an electronic device or by a stenographic reporter, at their own expense, may do so, provided that they consult the Board's Secretary to arrange facilities for such recording prior to the commencement of the meeting, or does not otherwise disrupt the proceeding. V. AMENDMENTS (1) These bylaws may be amended by majority vote at any meeting of the Board provided that notice of said proposed amendment is given to each member in writing at least five (5) days prior to said meeting. Such amendment shall be subject to ratification by the Town Council and, if so approved, shall become effective at the next regular meeting of the Board. ADOPTED this 10th day of December 1996 with Amendments through April 17, 2007. For the Fountain Hills Board of Adjustment: SIGNED: Date: Sawatel-Nithe4,84944Paul Ryan,Board of Adjustment Chairman C ATTESTED: Date: Rie d ^ er,Robert Rodgers, Planning and Zoning Administrator I Board of Adjustment By-Laws updated doc 4-2012(1st revision) de1