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Home My WebLink AboutBA.2021.0121.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE FOUNTAIN HILLS BOARD OF ADJUSTMENT JANUARY 21, 2021 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Ryan called the meeting of January 21 , 2021, to order at 5:30 p.m. 2. ROLL CALL Present: Chairman Paul Ryan (Telephonically); Vice Chairman Carol Perica; Board Member John Kovac (Telephonically); Board Member Nick Sehman (Telephonically); Board Member Jeremy Smith Staff Development Services Director John Wesley (Telephonically); Present: Senior Planner Farhad Tavassoli; Executive Assistant Paula Woodward L., 3. CALL TO THE PUBLIC None. 4. CONSIDERATION OF approving the meeting minutes of the Board of Adjustment December 17, 2020. MOVED BY Board Member John Kovac (Telephonically), SECONDED BY Vice Chairman Carol Perica to approve the Board of Adjustment minutes of the Regular Meeting of December 17, 2020. Vote: 5 - 0 - Unanimously 5. PUBLIC HEARING of the application of Heather & Clay Donnelly for a Variance to reduce the 20-foot minimum street-side building setback for an addition on an approximately 0.31-acre lot, located at the southeast corner of San Marcus Drive and El Pueblo Drive (AKA 17503 E. San Marcus Drive, APN#176-04-026) in the R1-8 Single Family residential zoning district. (Case #V2020-02) Board of Adjustment Meeting of January 21, 2021 2 of 5 Chairman Ryan said this item was continued from the December 17, 2020 meeting. Mr. Tavassoli reminded the Board that this is an application for a Variance to reduce the 20-foot minimum street-side building setback for an addition on an approximately 0.31-acre lot, located at the southeast corner of San Marcus Drive and El Pueblo Drive (AKA 17503 E. San Marcus Drive, APN#176-04-026) in the R1-8 Single Family residential zoning district. (Case #V2020-02) Mr. Tavassoli said that at the last meeting the Board asked him to research any non-compliant buildings on other lots in the immediate neighborhood. He said he updated the original staff report on page five of six. There were two properties that had accessory structures. A structure at 17511 E San Marcus Dr. is located in the rear yard. A building permit for an addition was issued in 2003. A permit was not located for the accessory structure. The accessory structure could have been "rolled in" with the building permit. The structure is not compliant with the current zoning standards for the R1-8 district. The other property located at 14852 E Pueblo Blvd contains an accessory structure that is not compliant with the current zoning standards for the R1-8 district. It appears this was built in 2009 or 2010 by reviewing historical aerial photographs. This property is located 140 feet from the applicant's property. There were no building permits on file. Mr. Tavassoli said that he did not find any other evidence that other properties received a special privilege that (kw* would be denied this property owners if the variance is denied. Chairman Ryan said that he was confused regarding the two measurements quoted in the staff report. Mr. Tavassoli replied that the report had an erroneous measurement. The closest point between the property line and the wall is thirteen and a half feet. There is a six-foot encroachment. The south property line is a foot difference. Chairman Ryan stated if the property was not surveyed how did the Town arrive at the thirteen and a half feet measurement. Mr.Tavassoli replied that at the end of the day if the board was to approve the request, staff would suggest allowing a few additional inches for the encroachment to account for margin of error. Ms. Donnelly said that after one of the surveyors refused service to them, (because there was no center line in the road to measure from) her and her husband measured from the street. She said their measurements could be off by a few inches since there is no center line. Chairman Ryan asked what technique is used by the town to measure the distance. Mr. Tavassoli said that short of using a measuring tape, the burden would be . Board of Adjustment Meeting of January 21, 2021 3 of 5 on the applicant to provide an accurate measurement. Staff would verify by a site visit and look for rebar markers. Also, Staff uses software that allows for measuring features of aerial maps. A land surveyor would be the most resourceful to provide accurate measurements. Mr. Wesley said that if the Board moves forward with the variance, the Board could allow the extension on the side of the house. Chairman Ryan expressed concern that there is a pretty big disparity between the measurements. Discussion ensued regarding the setback and building inside the wall area. Chairman Ryan said that if this is based on a setback and the setback is unknown, because of that disparity, the inability to measure and it confirmed. Vice Chairman Perica pointed out that even if there is a disparity in inches or a few feet it still would not conform. Chairman Ryan said that there is a difference in data from the homeowner's measurement of twenty feet compared to the town's measurement of thirteen and a half feet. Mrs. Donnelly said that it was disturbing that they could not get a survey and (iv find the exact property lines. She said they are both pilots, and are pretty good at math, so they are confident they measured properly. Chairman Perica said that even if the applicant's measurements were used it would still be non-conforming. Mrs. Donnelly said that the home was built before incorporation and those setbacks were not an issue back then. The way the house was built does not meet the current zoning setbacks. She said they are asking for the existing wall to become the back of a wall for a bedroom. She stated this is nothing new, that they are asking to fill in what has been there for a very long time. Chairman Perica said that as much as she would like for them to build, the request does not pass the variance test of the four criteria required. The Board is required to use the current zoning ordinance. In response to Chairman Ryan, Mr. Wesley said that Staff is confident there is an encroachment. Chairman Ryan said that any change or addition has to be within the new zoning ordinance. There is a rule in the ordinances that non-conforming use or violations cannot be confirmed. (100 Ms. Donnelly asked how anything could be built if there was no center point. . ' board of Adjustment Meeting of January 21, 2021 4 of 5 Mr. Wesley said that the Town would want to see a survey. (se In response to Chairman Ryan, Mrs. Donnelly said they could not reduce the existing room by six feet to accommodate an addition. The existing room would be too small to function and a realtor advised against it for future resale. Chairman Ryan asked if the Staff could accommodate the six and a half feet. Mr. Wesley said that the Staff cannot knowing approve if the setback requirement cannot be met. He said that the Staff could try to work with the applicant. Chairman Ryan asked if the Board was ready to make a motion. MOVED BY Board Member John Kovac (Telephonically), SECONDED BY Vice Chairman Carol Perica to adopt the findings outlined in the staff report and DENY the applicants requested Variance from the provisions of Zoning Ordinance, Section 10.09. Vote: 5 - 0 - Unanimously 6. 7. BOARD DISCUSSION/REQUEST FOR RESEARCH to staff. Chairman Ryan said that recently he contacted the Town to allow for the live streaming video and Zoom functions of the Board of Adjustment meetings. Chairman Ryan said he was waiting to hear back from the Town Attorney. 8. SUMMARY OF BOARD REQUESTS from Development Services Director. 9. REPORT from Development Services Director. 10. ADJOURNMENT The Regular Meeting of the Board of Adjustment held January 21 , 2021, adjourned at 6:44 p.m. 'Board of Adjustment Meeting of January 21, 2021 5 of 5 F ADJUSTMENT Paul Ryan, Ch .rman ATTEST AND PREP ED BY: A9OW VI) Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Fountain Hills Board of Adjustment in the Town Hall Council Chambers on January 21, 2021. I further certify that the meeting was duly called and that a quorum was present. DATED this 18 day of February, 2021. (4Jor4a Paula Woodward, Executive Assistant •