Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
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''' . """.‘ 2-/ ^4'' A;:' '.''..'4R t ': s / i. sq'I ! *:::i .
'' ''' 'r'''r' ' : /4.:',.4:,:'4,4" i. 1 '' .4 4 4) ..:4"..*:,,,(..."*.7”, '7'.'./
•
.,.. „, ...,,,. .,-.-.,...,..„- „...., .., .. :A. / . ".1,,,I.; ' J fiz:,. .,- „,. ,„..,,,, k":•'--..-r,..:!-:%. ''','.:',k-"..•". " %I;-....:-
5k:
'•.... or,
. _...„.,..;
x. • `
,41‘
;1/4,.....„.„." ,„,t.,...... , , ,.,_„ ..4.,... .,,i,..,..... xidot...,..,..:.
... .„.
. ..
,,,,,.......... , ..*--;,-.„,„.,...,.........,, .-/,,-.......-77....:-e/ti,:>. .... :'-'.,'..---„, _.. ... ,, ‘.',/. "'.4t.', .'''' • •,...,,,-. . •"' .,'4.
4 kli*ic /t .'4421. /.44''' /. . 4, .1'',:'4, 1.,,, ,,,,,,,, 7, ..,,,:...,;.,.,. „:...„.,,... .,„i
„:, ,... ....
,. .
iof
..
/ ra`� � .- em s, ,"° �
4.
i #�" -,� ems.. �.� I
• mot )))
u. wMw i '1 k _
sz
y w .
1�
llr�F _
s- �.,.. ... 4 ` ,,i 'E''�, ..�` s 1 �4 ' � /,' `. 'X°
1 '1AibF _� .
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 -:--iiۥ,
. ....,,... ,--. .
. ...... ,.
1 - • • .
,.
., ..... ,
A • • '' .
'‘'..-•--., '", .
...,„ ..f..7,.. -......,. . ,. .
. - •
, < -
• .. .... .. ..
., % w:"'•4-,,,........, . . , . ..
.I • - .4,'-`* ,..;;:i':..''''''. .
• ,
.I.. • • , . •'., ... r ._
. .
. . .._
. . , . .. . ,
. . . ... ... .
. .. :
...... .
..._
..„(10‘01....
,:. 400......'-
.. ...„. , " .
-- oil • ', 'sell.
Al..:
, •• 01...- .11;„..'...,..
.1100)P
• . ..
- .........
.- ,.. -......4441".7".•:„..114111110:1'
"AlielPIIIIIIIIIWS
4001140. '....410.171Villn
.41114.WNi'"INIrr '...111;.. '..1...,Iiit416..."..4.-
,A...7".'...0, ,,,,, .
- :i.. s•-. .-
,„. •,--._,
, ._ •!....-4e----.;.--7-:-z-t --- - -"`
....-.......•. or.......c., .‘ ... . _.
... ............., ...„...,„;,‘,...„„,,,,..........v., .... ,40 L•0600,11,11h. ,, ,-, ."•'-•
.44`,,........c., Aar--..... .40.0we_
_... .
r• - .
, ....
II I IllE.
•
re" ,
. ''---- ..441.r"'"- . ;e0'".'-'4" 14 . . ' •
• -" ' ''"*". -freeue:„ ,... .
,
---,e." •L":74kalry.... 00,40.,
-
-.411 ."....; •Apile''' " .
•------, .- • ' '` Jere"- '' • '•-.,..040" ,
5 • ..'..\\
, ... •'•"::...',.'' .'
..,,..
• --,r,r;« .4,Prosik .-- • .•'*`.0,• . ,
- "--•
-,
1
'NINO c
.7)
i;
7 a
Algal 11
07, ,
Rilif ,4
1
1
i i
I
ri T T RI [II I
1
I
iffllfl
ill
._
ii
IHU
,,,, Ili 11 III 11 1
,...
\
,4,1
.-;:::
I
' iii H H
4
A,4
1
:4::
i 1
4,
''.
1 I
1
II, -
\ .._ .:.
' 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