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HomeMy WebLinkAboutBA.2012.0320.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF A MEETING OF THE BOARD OF ADJUSTMENT MARCH 20, 2012 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, March 20, 2012, in the Town of Fountain Hills Community Center conference room located at 13001 N. La Montana, 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, Board Members John Kovac III, Carol Perica,Nick Sehman, and Gary Glunz. Also present were Robert Rodgers, Senior Planner and Janice Baxter Executive Assistant and recorder of the minutes. Board Member John Kovac present Chairman Paul Ryan present Vice-Chairman Carol Perica present Board Member Nick Sehman present Board Member Gary Glunz present 't"' Chairman Paul Ryan welcomed the Boards two new members,Nick Sehman and Gary Glunz. AGENDA ITEM #2 CONSIDERATION of the Board of Adjustment meeting minutes for March 20, 2012. Board Member John Kovac made a MOTION to approve the meeting minutes from the February 21, 2012, Board of Adjustment meeting. Board Member Carol Perica SECONDED and the MOTION passed 3-0, by those present at the meeting. Roll call: Chairman Paul Ryan aye Vice-Chairman Carol Perica aye Board Member John Kovac aye Board Member Nick Sehman abstained Board Member Gary Glunz abstained AGENDA ITEM #3 PUBLIC HEARING to receive comments on a requested VARIANCE from Section 4.01, of the Town of Fountain Hills Zoning Ordinance to allow the re- construction of a house within ten feet of a street-side property line at 17024 N. De Anza Drive. Case Number V2012-01. Board of Adjustment Meeting Minutes March 20, 2012 Page 1 of 4 fib• Chairman Paul Ryan opened the Public Hearing at 6:34 p.m. Mr. Robert Rodgers gave the presentation and included a PowerPoint presentation. Mr. Rodgers explained that the house at 17024 N. De Anza Drive was constructed prior to the town's incorporation and was originally built in conformance with the existing County zoning requirements. Mr. Rodgers continued to explain that the house was vacant due to a fire destroying the house. Mr. Rodgers added that this request for variance was due to the current Zoning Ordinance, Section 4.01.D that stated: "When any nonconforming use or structure is dismantled or damaged by fire, explosion, collapse, act of God, act of the owner, or act of public enemy to the extent of greater than fifty (50) percent of its reconstruction or replacement value, as determined by three (3) competent appraisers, then the said structure and the use of the land shall conform to all regulations for the zoning district in which said structure and land is located." Staff recommended the following findings: 1. Special circumstances or conditions exist regarding the land, building, or use referred to in the applications,which do not apply to other properties in the district. Findings: MET The arguments that the property was rezoned after the house was built,that the house itair was subsequently destroyed by fire, and that reconstruction under the current set back requirement would create a substantially different requirement form the other properties in the area meets the minimum criteria needed to show that special ci4rcumstances and conditions exist regarding the property that do not apply to other properties in the district. 2. The above special circumstances or conditions are pre-existing and are not created or self-imposed by the owner or applicant. Findings: MET The argument that pre-existing house was destroyed by fire meets its minimum criteria needed to show that special circumstances and conditions exists that were not self- imposed and that do not apply to other properties in the district. 3. The variance is necessary for the preservation of substantial property rights. Without a variance the property cannot be used for purposes otherwise allowed in the district. Findings: NOT MET Allowing an exact duplication of a pre-existing nonconforming structure is not a substantial property right that needs to be protected under the Town's zoning. In fact, Board of Adjustment Meeting Minutes March 20, 2012 Page 2 of 4 Section 4.01.D specifically requires otherwise and Section 4.01.G speaks specifically to properties that have been re-zoned. Limiting the overall size and location of the building footprint does not stop the property from developing under the R1-6 zoning district requirements. It should also be noted that the district is not limited to single- story homes and as such the square footage of the house may not necessarily have to be reduced. 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. Findings: MET The applicant's proposal is in keeping with standards established in the surrounding area as well as other residential districts and the proposed variance will not be materially detrimental to persons or property in the vicinity. Mr. Brian G. Birchfield was present as applicant and representative for the owner Josh Edwards. Narrative Report-Variance Justification submitted by applicant: The Variance request is to maintain the original 10-foot setback distance that applied when the residence was built. A. This residence was involved in a fire last fall and all of the livable area had been demolished and removed except the existing concrete slab. When the residence was originally built in 1987, the west corner property line setback allowed was 10 feet. The zoning ordinance has changed since the residence was built and the current setback requirement for R1-6 zoning for the west corner property line is 20 feet. The area encroaching into the current setback area is considered a non-conforming use as per the Fountain Hills Zoning Ordinance, Section 4.01. B. The special circumstance is pre-existing and was not created by owner or applicant. C. Without the Variance, the residence would have to be redesigned 10-feet less in width. The redesign would substantially alter the functional layout, square footage and value of the property compared to the neighboring properties. D. The authorization of this Variance would not affect any persons residing or working in vicinity to the adjacent property or to the neighborhood or the public welfare. Jackie Williams, 17011 De Anaz Drive, spoke in favor of the variance. Ken Quick, 17006 De Anza Drive, spoke in favor of the variance. Vice-Chairman Carol Perica asked what the square feet would be if re-built under the current zoning. Mr. Birchfield answered that the square footage would be reduced by approximately Board of Adjustment Meeting Minutes March 20, 2012 Page 3 of 4 600 sq feet from a previously sized home of 1800 sq feet. Mr. Birchfield pointed out that the ti., house would be built as the previously existing house with the concrete footing still in place. Chairman Paul Ryan read the four criteria to the Board for discussion of each justification. Discussion noted that the Board agreed with the Staff's recommendation except for criteria#3, which they felt was met because the house was being rebuilt as it had been prior to the fire. Public Hearing closed at 6:55 p.m. Chairman Paul Ryan made a MOTION to move that the Board of Adjustment make findings 1-4 as noted in the staff report and APPROVE the requested Variance from Section 4.01 of the Town of Fountain Hills Zoning Ordinance to allow the construction of a house at 17024 N. De Anza Drive with 10' front and street-side setbacks. Vice-Chairman Carol Perica SECONDED and the MOTION passed 5-0. Board Member Gary Glunz aye Board Member Nick Sehman aye Board Member John Kovac aye Vice-Chairman Carol Perica aye Chairman Paul Ryan aye AGENDA ITEM#4 ADJOURNMENT. Chairman Paul Ryan made a MOTION to adjourn the meeting and Vice-Chairman Carol Perica SECONDED. The MOTION passed 5-0. The meeting adjourned at 6:55 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT B ATTEST Alli% 16- e-- Chairman Pa 1 Ryan Janice E. Baxter, 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 20th day of March 2012. I further certify that the meeting was duly called and that a quorum was present. Dated this 20th Day of March 2012. /'- anice E. Baxter, Exec tive Assistant Board of Adjustment Meeting Minutes March 20, 2012 Page 4 of 4