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NOTICE OF RESULTS
ZONING ADJUSTMENT HEARING*Revised 10/7/08
Pursuant to A.R.S. Section 38-431.02, notice is hereby given the ZONING ADJUSTMENT HEARING OFFICER and to the general public, that the CITY OF PHOENIX ZONING ADJUSTMENT HEARING OFFICER held a hearing open to the public on October 2, 2008, at 10:00 a.m. located in Assembly Room C, Phoenix City Hall, 200 West Washington Street, 1st Floor, Phoenix, Arizona.
The results of the meeting were as follows:
RESULTS
10:00 a.m.
Approved/ Stips
1.
Application #:
ZA-533-08-4
Existing Zoning:
C-1
Location:
2902 North 7th Avenue
Block Location:
2900 N. – 700 W.
Quarter Section:
15-26
Proposal:
Use permit to allow a drive-through facility as an accessory use to a restaurant (KFC) within 300 feet of a residential district. Use permit required.
Ordinance Sections:
622.D.140.e.(2)
Applicant:
Nolan Grade (Yum Brands)
Representative:
Glen I. Ross
Owner:
LG7, LLC
STIPULATIONS:
1) One year to apply for permits.
2) Per the site plan signed and dated October 2, 2008.
Approved/ Stips
2.
Application #:
ZA-535-08-4
Existing Zoning:
C-1
Location:
2902 North 7th Avenue
Block Location:
2900 N. – 700 W.
Quarter Section:
15-26
Proposal:
1) Variance to reduce the required building setback from Thomas Road to 11 feet. 25 feet required. 2) Variance to reduce the landscape setback adjacent to a residential district to the west to 2 feet. Minimum 10 feet required. 3) Variance to reduce the queuing lane length for a restaurant (KFC) to 125 feet. 150 feet required. 4) Variance to allow parking in the required 25-foot landscape setback to the east (7th Avenue). Variance required.
Ordinance Sections:
622.E.4.d. 622.E.4.e. 702.A.2.g.(3) 622.E.4.g.
Applicant:
Nolan Grade
Representative:
Glen I. Ross
Owner:
LG7, LLC
STIPULATIONS:
1) One year to apply for permits.
2) Any new light fixtures to be provided throughout the site will be maximum 15 feet tall and screened appropriately to shield light from spilling over to adjacent properties.
3) Wall on north side of building shall be 6 feet from front alignment of building to rear property line and 3 feet from front of building forward towards 7th Avenue.
4) The menu board and intercom will be located at the northwest corner of the building and face west.
5) Per the site plan signed and dated October 2, 2008.
Approved/ Stips
3.
Application #:
ZA-534-08-7
Existing Zoning:
C-1
Location:
SWC Baseline Road and 51st Avenue
Block Location:
7600 S. – 5100 W.
Quarter Section:
01-16
Proposal:
Use permit to allow a drive-through as an accessory use to a restaurant (KFC) within 300 feet of a residential district. Use permit required.
Ordinance Sections:
622.D.140.e.
Applicant:
Nolan Grade - Yum Brands
Representative:
Glen Ross - Architeckton
Owner:
Randy Raskin - Terrazona LLC
STIPULATIONS:
1) One year to apply for permits.
2) Per the site plan signed and dated October 2, 2008.
Approved/ Stips
4.
Application #:
ZA-536-08-3
Existing Zoning:
C-3, R-4
Location:
9700 North 9th Street
Block Location:
9700 N. – 900 E.
Quarter Section:
27-29
Proposal:
1) Variance to allow an 8-foot fence in the landscaped setback area along Cave Creek Road. Maximum 40 inches allowed. 2) Variance to allow an 8-foot fence along the south property line in the required side yard. Maximum 6 feet allowed.
Ordinance Sections:
703.A.3.a. 703.A.2.c.
Applicant:
Robert Tarlowski - APS
Representative:
Mario Acevedo - Tor Engineering
Owner:
Arizona Public Service
STIPULATIONS:
1) One year to apply for permits.
2) Fence along Cave Creek Road shall be a minimum of 4 feet from the sidewalk.
Approved/ Stips
5.
Application #:
ZA-538-08-7
Existing Zoning:
C-3
Location:
1707 West Broadway Road
Block Location:
1700 W. – 4400 S.
Quarter Section:
4-25
Proposal:
1) Use permit to allow music or live entertainment with more than 1 entertainer. Use permit required. 2) Use permit to allow patron dancing. Use permit required.
Ordinance Sections:
623.D.152.a. 623.D.152.b.
Applicant:
Miguel and Maria Garcia, El Tenampa Bar
Representative:
Gloria Garcia, El Tenampa Bar
Owner:
Miguel and Maria Garcia, El Tenampa Bar
STIPULATIONS:
1) Not to exceed six entertainers.
2) The employees must have a clear view of the area in order to supervise activities and/or be present while patrons are inside the business.
3) The area be sufficiently lighted and contained to discourage any unlawful activity. The Precinct Commander or his designee will approve lighting, containment area and security personnel at their discretion.
4) “No Trespassing” signs must be posted and an Authority to Arrest Trespassers form must be signed to deter loitering.
5) No live entertainment outside of the business.
6) No outside speakers.
7) The hours for both dancing and live entertainment exceeding one entertainer shall be 8:00 p.m. to 12:00 a.m. on Friday, Saturday and Sunday.
1:30 p.m.
Continued
6.
Application #:
ZA-542-08-1 – (Sign)
Existing Zoning:
C-2 M-R*, DVAO
Location:
24245 North Black Canyon
Block Location:
24500 N. – 2600 W.
Quarter Section:
46-24
Proposal:
1) Use permit for a major amendment to the 17 North Corporate Center Comprehensive Sign Plan. Use permit required. 2) Variance to allow a sign on a parcel which is not appurtenant to a permitted use of the property on which it is displayed. Variance required.
Ordinance Sections:
705.E.2.d.(2) 705.C.11.(a)
Applicant:
Larry Newton/Fluoresco Lighting and Sign
Representative:
Larry Newton/Fluoresco Lighting and Sign
Owner:
Trillium
CONTINUED TO NOVEMBER 13, 2008 AT 3:30 PM WITH FEE.
Approved/ Stips
7.
Application #:
ZA-543-08-1 – (Sign)
Existing Zoning:
C-2 PCD
Location:
4135 West Anthem Way
Block Location:
4100 W. – 42600 N.
Quarter Section:
68-19
Proposal:
Use permit for a major amendment to the Anthem Commerce Park Comprehensive Sign Plan. Use permit required.
Ordinance Sections:
705.E.2.d.(2)
Applicant:
Donna Gutowski/Anthem Community Council
Representative:
Donna Gutowski/Anthem Community Council
Owner:
Mobil Oil Corporation
STIPULATIONS:
1) Sign will be supported by tubular steel of appropriate size, free standing and located at the back corners of existing sign.
2) Maximum size for tenant panels to be 12”x24”.
3) Final design to be approved by the Hearing Officer.
Approved/ Stips
8.
Application #:
ZA-537-08-7
Existing Zoning:
C-2
Location:
1327 East McDowell Road
Block Location:
1300 E. – 1600 N.
Quarter Section:
12-30
Proposal:
Variance requested to reduce parking to 34 spaces for an assembly hall. 52 parking spaces required.
Ordinance Sections:
702.A.3.Table
Applicant:
Paul O'Connor Architect LLC
Representative:
Nels Rima - Precision Construction
Owner:
Maria Gallardo
STIPULATIONS:
1) 38 spaces minimum, as per plan signed/dated October 2, 2008.
2) Business can occur on Saturday and Sunday at any time and only after 6:00 p.m. for the rest of the week.
3) 1 year to apply for permits.
2:30 p.m.
Approved/ Stips
9.
Application #:
ZA-879-07-6 – (10-Month Review)
Existing Zoning:
A-2
Location:
5025 East Washington Street
Block Location:
5000 E. - 0
Quarter Section:
10-39
Proposal:
Variance to reduce the number of required parking spaces to 30. 160 required.
Ordinance Sections:
702A.3.
Applicant:
Ilan Baldinger/ Baldinger Architectual
Representative:
Ilan Baldinger/ Baldinger Architectual
Owner:
Philip L. Pengrazio/ ABIL
STIPULATIONS:
1) Maximum 30 space reduction for fitness center.
2) 6 months to obtain a permit.
Approved
10.
Application #:
ZA-695-07-8 – (1-Year Review)
Existing Zoning:
C-2 BAOD
Location:
2415 East Baseline Road
Block Location:
2400 R. – 7600 S.
Quarter Section:
01-33
Proposal:
1) Use permit to allow outdoor dining as an accessory to a restaurant (Chipotle). Use permit required. 2) Use permit to allow outdoor alcoholic beverage consumption as an accessory to a restaurant (Chipotle). Use permit required.
Ordinance Sections:
623.D.151.c. 623.D.151.c.
Applicant:
Adriana Mahoney-FHA Architects
Representative:
Elizabeth Haworth-Evergreen Leasing
Owner:
Kyle Scott, Baseline Acquisitions LLC
3:30 p.m.
Approved/ Stips
11.
Application #:
ZA-722-07-8 – (1-Year Review)
Existing Zoning:
C-2
Location:
2303 North 44th Street, Suite 8-9
Block Location:
2300 N. – 4400 E.
Quarter Section:
14-38
Proposal:
Use permit to allow outdoor dining and outdoor alcoholic beverage consumption accessory to a restaurant/bar (Dirty Drummer). Use permit required
Ordinance Sections:
623.D 151.C.
Applicant:
David H. Werner/ Dirty Drummer
Representative:
Barbara J. Power PWA Architects, LLC
Owner:
D-4 Inc (Randy D. Nations, Agent)
STIPULATIONS:
1) Per original stipulations, excluding 1 year review.
Approved/ Stips
12.
Application #:
ZA-737-07-6 – (1-Year Review)
Existing Zoning:
C-2
Location:
1241 East Chandler Boulevard
Block Location:
1200 D. – 15600 S.
Quarter Section:
010-30
Proposal:
1) Use permit to allow outdoor dining as an accessory to a restaurant (Babaloo's Cuban Cafe). Use permit required. 2) Use permit to allow outdoor alcoholic beverage consumption as an accessory to a restaurant (Babaloo's Cuban Cafe). Use permit required.
Ordinance Sections:
623.D.151.c. 623.D.151.c.
Applicant:
Robert Gonzalez/ Gonzo Catering LLC
Representative:
Crystal Melby/ Byxbee Development Partners
Owner:
Mahmood Amirrezvami/ Mitra 1, Inc.
STIPULATIONS:
1) Hours of outdoor dining shall be between 10:00 a.m. to 1:00 a.m.
2) Employees must have a clear view of the outdoor area in order to supervise activities and/or be present while patrons utilize outdoor area.
Approved
13.
Application #:
ZA-749-07-8 – (1-Year Review)
Existing Zoning:
C-1
Location:
3243 East Indian School Road
Block Location:
3200 E. – 4100 N.
Quarter Section:
16-35
Proposal:
Use permit to allow the sale of alcoholic beverages as an accessory to a restaurant (Mack Daddy's 3-2 Gourmet To Go). Use permit required.
Ordinance Sections:
622.D.140.
Applicant:
Mack Newton
Representative:
Jerry Lewkowitz
Owner:
Mack Newton
Approved/ Stips
*
14.
Application #:
ZA-441-08-8 – (Continued from August 21, 2008)
Existing Zoning:
R1-6 SPVTABOD
Location:
2135 East Corona Avenue
Block Location:
2100 E. – 4500 S.
Quarter Section:
4-32
Proposal:
Use permit to allow a dependent care facility for 7 to 12 dependents. Use permit required.
Ordinance Sections:
608.C.19.
Applicant:
Stephane Chisley/Little Kids Group Home
Representative:
Darius Hinson/Tri City Design Group
Owner:
Stephane Chisley/Little Kids Group Home
TAKEN OUT FROM UNDER ADVISEMENT ON OCTOBER 7, 2008 AND APPROVED WITH STIPULATIONS:
1) Number of dependents shall be limited to 10 children.
2) Outdoor play area shall be screened from adjacent properties by a 6-foot high landscape hedge or solid wall.
3) Hours of operation shall be only between 7:00 a.m. and 6:00 p.m.
4) One parking space shall be provided for each employee who does not reside at the facility.
5) Smoke detectors shall be installed in the house in accordance with Section 1210(a) of the Building Code.
6) No signage shall be permitted.
ZONING ADJUSTMENT HEARING OFFICER WAS: FRANK DOLASINKI
PLANNER WAS: CURT UPTON
For further information, please call Edward Keyser, Planner II, Planning Department at 602-495-0382, or contact via electronic mail at zoning@phoenix.gov. This electronic mail address will not accommodate zoning enforcement/violation complaints.
For reasonable accommodations, call Theresa Damiani at Voice/602-262-6368 or the City TTY/602-534-5500 as early as possible to coordinate needed arrangements.
S:\Zoning Adjustments\Hearings\ZA\Marked Agenda\2008 Marked Agenda\10-2-08 ma.doc
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