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NOTICE OF RESULTS
ZONING ADJUSTMENT HEARINGPursuant 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 August 21, 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-437-08-3
Existing Zoning:
RE-35
Location:
4809 East Poinsettia Drive
Block Location:
4800 E. 11900 N.
Quarter Section:
30-39
Proposal:
1) Variance to reduce the west side yard setbacks to 3 feet. Minimum 7 feet required per ZA-201-71. 2) Variance to reduce the front yard setback to 17 feet. Minimum 30 feet required per ZA-201-71. 3) Variance to increase the lot coverage to 37%. Maximum 30% percent allowed per ZA-201-71.
Ordinance Sections:
307.A.12. 307.A.12. 307.A.12.
Applicant:
Jose and Adriana Mattei/ACE
Representative:
Patrick Hallman/CH Associates
Owner:
Jose and Adriana Mattei
STIPULATIONS:
1) General conformance with the site plan signed and dated August 21, 2008.
2) 12 months to apply for building permits.
Approved/ Stips
2.
Application #:
ZA-438-08-1
Existing Zoning:
R1-8
Location:
16441 North 49th Avenue
Block Location:
16400 N. 4900 W.
Quarter Section:
36-17
Proposal:
1) Use permit to allow a home occupation. Use permit required. 2) Use permit to generate traffic by the home occupation. Use permit required.
Ordinance Sections:
608.C.9.h.(5) 608.C.9.h.(1)
Applicant:
Dennis and Tammy Schroeder
Representative:
Dennis and Tammy Schroeder
Owner:
Dennis and Tammy Schroeder
STIPULATIONS:
1) Local customer pickup and drop off limited to 2 times per month.
2) 6-month review (February 26, 2009 at 3:30 p.m.).
Approved #s 1& 2/ Stip
#3 Withdrawn
3.
Application #:
ZA-439-08-2
Existing Zoning:
C-2 & C-3
Location:
20039 North Cave Creek Road
Block Location:
20000 N. 4000 E.
Quarter Section:
40-33
Proposal:
1) Variance to reduce the west landscaped setback (Cave Creek Road) to 10 feet. 25-foot landscaped setback required. 2) Variance to reduce the north landscaped setback (Beardsley Road) to 15 feet. 25-foot landscaped setback required. 3) Variance to reduce the east landscaped setback (24th Way) to 10 feet. 25-foot landscaped setback required.
Ordinance Sections:
623.E.4.e. 623.E.4.e. 623.E.4.e.
Applicant:
Stephen Cary/Washington Mutual
Representative:
Laura McCaffrey/Design Forum Architects
Owner:
Ralph Davis/Daw Partners LLC
ITEMS #1 AND 2 APPROVED WITH STIPULATION:
1) 1 year to apply for building permits.
ITEM #3 WITHDRAWN.
Continued
4.
Application #:
ZA-443-08-6
Existing Zoning:
PSC
Location:
2502 East Camelback Road, Suite #135
Block Location:
2500 E. 5000 N.
Quarter Section:
19-33
Proposal:
Use permit requested to allow outdoor dining as an accessory use to a restaurant. Use permit required.
Ordinance Sections:
622.D.140.d.
Applicant:
True Food
Representative:
Kara Sundeen
Owner:
Macerich
CONTINUED TO AUGUST 28, 2008 AT 3:30 P.M. WITH FEE.
Approved
5.
Application #:
ZA-444-08-6
Existing Zoning:
R-2 PCD
Location:
16601 South 18th Way
Block Location:
16600 S. 1800 E.
Quarter Section:
012-32
Proposal:
Variance to allow an attached open porch to project 17 feet into the required rear yard setback. 10 feet maximum projection allowed.
Ordinance Sections:
701.A.3.(1)(b)
Applicant:
Joe Jenkins - Champion Built Contracting
Representative:
Joe Jenkins - Champion Built Contracting
Owner:
Ronald Kolb
1:30 p.m.
Approved/ Stip
6.
Application #:
ZA-442-08-6
Existing Zoning:
RE-24 ACSPD
Location:
4744 East Arcadia Lane
Block Location:
4700 E. 4300 N.
Quarter Section:
18-39
Proposal:
Variance to increase the allowable lot coverage to 27%. Maximum 25% allowed.
Ordinance Sections:
606.B.5.
Applicant:
William and Andra Miller
Representative:
James O. Huffman III/J.O. Huffman Assoc.
Owner:
William and Andra Miller
STIPULATION:
1) General conformance to the site plan submitted, signed and dated August 21, 2008.
Approved
7.
Application #:
ZA-445-08-7
Existing Zoning:
C-2
Location:
NWC of 51st Avenue and Southern Avenue
Block Location:
5100 W. 6000 S.
Quarter Section:
3-16
Proposal:
Use permit to allow a drive-through facility as an accessory use to a restaurant. Use permit required.
Ordinance Sections:
623.D.152.d.
Applicant:
Scott Nye - GBMA Architecture LLC
Representative:
Manuel Aguirre - GBMA Architecture LLC
Owner:
Neisha Levecke - MJKL Enterprises LLC
Approved
8.
Application #:
ZA-446-08-7
Existing Zoning:
C-2
Location:
2775 South 75th Avenue
Block Location:
7500 W. 2800 S.
Quarter Section:
7-11
Proposal:
A use permit to allow an open car wash and drying canopy. Use permit required.
Ordinance Sections:
623.D.39.
Applicant:
Scott Nye, GBMA Architecture LLC
Representative:
Manuel Agurree, AIA; GMBA Architecture
Owner:
Neisha Levecre, MJKL Enterprises, LLC
Approved
9.
Application #:
ZA-447-08-7
Existing Zoning:
C-2
Location:
7450 West Lower Buckeye Road
Block Location:
7400 W. 2800 S.
Quarter Section:
7-11
Proposal:
Use permit to allow a drive-through facility as an accessory use to a restaurant (Carl's Jr.). Use permit required.
Ordinance Sections:
623.D.152.d.
Applicant:
Scott Nye - GBMA Architecture LLC
Representative:
Manuel Aguirre - GBMA Architecture LLC
Owner:
Neisha Levecke - MJKL Enterprises LLC
2:30 p.m.
Approved/ Stips
10.
Application #:
ZA-431-08-3
Existing Zoning:
R-3
Location:
10405 North 8th Avenue
Block Location:
10000 N. 800 W.
Quarter Section:
28-26
Proposal:
1) Use permit to allow a group home. Use permit required. 2) Variance to eliminate the front yard landscaping requirement. 25-foot front yard landscape setback required. 3) Variance to reduce the required north side yard setback to 6 feet. 10-foot setback required. 4) Variance to reduce the required number of parking spaces to 4 spaces. 33 spaces required.
Ordinance Sections:
615.C.1. 703.B.3.a. 615.B.Table B 702.A.3.
Applicant:
Robert Graf, JSR Holdings LLC
Representative:
Greg Woods, Square Foot Design LLC
Owner:
Robert Graf, JSR Holdings LLC
STIPULATIONS:
1) All permitting be complete within 8 months.
2) 1-year review required (August 27, 2009 at 3:30 p.m.).
Continued
11.
Application #:
ZA-441-08-8
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
CONTINUED TO OCTOBER 2, 2008 AT 3:30 P.M. WITH FEE
Approved/ Stips
12.
Application #:
ZA-448-08-6
Existing Zoning:
C-2 ACSPD
Location:
4900 East Indian School Road
Block Location:
4000 E. 4100 N.
Quarter Section:
17-39
Proposal:
1) Use permit to allow outdoor dining and alcoholic beverage consumption as an accessory use to a restaurant (Black Forest). Use permit required. 2) Use permit to allow more than 1 entertainer as accessory use to a restaurant (Black Forest). Use permit required.
Ordinance Sections:
623.D.152.c. 623.D.152.a.
Applicant:
Heinrich Stasiuk - Black Forest Mill LLC
Representative:
Heinrich Stasiuk - Black Forest Mill LLC
Owner:
Michelle Fitzgerald - Black Forest Mill
STIPULATIONS:
1) No live entertainment in the outside area.
2) The employees must have a clear view of the area in order to supervise the activities and/or be present while patrons utilize the outdoor area.
3) Smoking ordinances must be complied with, as well as fire ordinances.
4) Outside lighting must meet City code standards.
5) No speakers for the use of music outside in dining area.
6) Outside usage hours will be no earlier than 11:00 a.m. and no later than 11:00 p.m.
3:30 p.m.
Withdrawn
13.
Application #:
ZA-217-08-8 (Sign) (Continued from July 17, 2008)
Existing Zoning:
A-1
Location:
2113 East Sky Harbor Circle
Block Location:
2100 E. 800 S.
Quarter Section:
8-32
Proposal:
1) Variance to allow an outdoor advertising structure within a redevelopment area designated by the City of Phoenix. Variance required. 2) Variance to allow an outdoor advertising structure on the inner loop of the I-10. Outdoor advertising structures shall be located within 300 of the mainline of I-10 from the end of I-17 to the eastern city limits. Variance required.
Ordinance Sections:
705.2.A.7.d. 705.2.A.15.
Applicant:
CBS Outdoor
Representative:
Martin Aronson/Morrill & Aronson, PLC
Owner:
Gannon Arizona Realty, LLC
Continued
14.
Application #:
ZA-860-07-3 (Continued from January 17, 2008)
Existing Zoning:
C-2, R1-10 (S-1 SP)
Location:
11631, 11651, 11645 and 11657 North Cave Creek Road
Block Location:
11600 N. 4000 E.
Quarter Section:
30-31
Proposal:
1) Variance to allow structures for the sheltering of animals within 100 feet of lot lines. Minimum 100 feet required. 2) Variance to allow a public stable on a site of less than 10 acres. Minimum 10 acres required.
Ordinance Sections:
647.A.1.e. 647.A.1.e.
Applicant:
Bruce Buckingham
Representative:
Bruce Buckingham
Owner:
Bruce & Patty Buckingham
CONTINUED TO APRIL 30, 2009 WITHOUT FEE.
Approved/ Stip
15.
Application #:
ZA-407-08-7 (Continued from July 31, 2008)
Existing Zoning:
R-5
Location:
1330 North 15th Street
Block Location:
1330 N. 1500 E.
Quarter Section:
12-30
Proposal:
1) Use permit to allow a new detached accessory structure for a wireless communications monopole less than 300 feet from the property line adjacent to residential. Use permit required. 2) Variance to reduce required parking spaces to 34. 36 spaces required. 3) Variance to increase the height of an existing monopole 22 feet. Maximum of 12 feet or 20% allowed.
Ordinance Sections:
608.C.15.a.(2) 702.A.3. 608.C.15.f.(2).
Applicant:
Verizon Wireless
Representative:
Steven Sung/Wireless Resources Inc.
Owner:
The Boys Club of Metropolitan Phoenix
STIPULATION:
1) 6 months to apply for building permits.
ZONING ADJUSTMENT HEARING OFFICER WAS: ISRAEL TORRES
PLANNER WAS: CRAIG MAVIS
For further information, please call Ed Keyser, Planner II, Planning Department at 602-405-0382,
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 Agendas\082108 ma.doc
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