Last Modified on 11/21/2008 16:45:07NOTICE OF RESULTS
BOARD OF ADJUSTMENTPursuant to A.R.S. Section 38-431.02, notice is hereby given to the members of the BOARD OF ADJUSTMENT and to the general public, that the BOARD OF ADJUSTMENT held a meeting open to public on November 6, 2008 at 12:00 pm located in City Council Chambers, 200 West Jefferson Street, Phoenix, AZ.
The results of the meeting were as follows:
ZA = Zoning Administrator
ZAHO = Zoning Adjustment Hearing Officer
RESULTS
A.
Approval of minutes.
Approved
October 2, 2008 minutes approved.
(Ford/Gaynor – Vote 4-0 (Tauber absent))
B.
Request for continuance, withdrawals, and/or reconsiderations.
Request to continue Item #2, ZA-99-08-6, was denied.
(Davis/Ford - Vote 4-0 (Tauber absent))
C.
Items for Consideration.
Upheld ZA
1.
Application #:
ZA-561-08-3
Existing Zoning:
R1-10 Royal Palms SPD
Location:
8536 North 11th Avenue
Proposal:
Remanded to the Board of Adjustment by Superior Court (#LC2006-00725) for review of the Informal Interpretation of the Zoning Administrator, dated June 23, 2006 finding that The Village subdivision (plat no. 04024; 03-3427; 8536 North 11th Avenue) has vested rights for the private road (including the gate) and those houses already permitted (1124, 1125, 1115 West Seldon Lane).
Ordinance Sections:
None
Applicant:
By Order of Superior Court
Representative:
Not Applicable
Owner:
JYJ Properties/Davis McKee PLLC
Appellant:
Teresa Foster / Ellis & Baker, P.C.
Upheld the ZA’s finding of vested rights.
(Ford/Tauber - Vote 5-0)
Upheld ZAHO (Denied)
2.
Application #:
ZA-99-08-6
Existing Zoning:
R1-10
Location:
7325 North 4th Drive
Proposal:
Use permit to allow outdoor game court (batting cage) fences over 6 feet in height in the required rear and side yards as an accessory use to a residence. Use permit required.
Ordinance Sections:
608.C.8.g
Applicant:
William J & Meisha S. Howard
Representative:
William J & Meisha S. Howard
Owner:
William J & Meisha S. Howard
Appellant:
William J & Meisha S. Howard
Upheld the ZAHO’s decision of denied.
(Tauber/Davis - Vote 5-0)
#1 Upheld ZAHO w/ modified stips
#2 Upheld ZAHO (Denied)
3.
Application #:
ZA-451-08-2
Existing Zoning:
RE-35
Location:
2040 East Monona Drive
Proposal:
1) Variance to allow a 6-foot over height fence in the required front yard. Maximum 40 inches permitted. 2) Variance to reduce front-yard setback to 5 feet. 40 feet required.
Ordinance Sections:
703.A.2.a 609.B.Table
Applicant:
Hutchinson Persons
Representative:
Hutchinson Persons
Owner:
Hutchinson Persons
Appellant:
Hutchinson Persons
#1 - Upheld the ZAHO’s decision of denied as filed. Modified the stipulations for Variance #1.
#2 - Upheld the ZAHO’s decision of denied.
Stipulations:
1) Approval to a maximum of 46 inches at eastern end of fence/property line.
2) Approval for 46 inches for fences along east and west sides.
(Davis/Gaynor - Vote 3-1 (Thornham) (Ford absent))
#1 & #2 Overturned ZAHO
(#1 & #2 Approved w/stips)
4.
Application #:
ZA-487-08-8
Existing Zoning:
A-1
Location:
3845 East University Drive
Proposal:
1) Use permit to allow outdoor alcoholic beverage consumption as an accessory use to bar (DJ's Gentlemen Club). Use permit required. 2) Use permit to allow outdoor dining as an accessory use to bar (DJ's Gentlemen Club). Use permit required.
Ordinance Sections:
623.D.152.c. 623.D.152.c.
Applicant:
Charles Fulton
Representative:
Charles Fulton
Owner:
Charles Fulton
Appellant:
Charles Fulton
Overturned the ZAHO’s decision of denied to approved with stipulations.
Stipulations:
1) Submit security plan to Police Department within 60 days.
2) Review in 9 months.
(Tauber/Gaynor - Vote of 4-0 (Ford absent))
Upheld ZAHO
(Denied)
5.
Application #:
ZA-496-08-7
Existing Zoning:
C-1
Location:
5035 West Southern Avenue
Proposal:
Variance to reduce the required parking spaces to 63 spaces. Minimum 106 required.
Ordinance Sections:
702.A.3 Table
Applicant:
51st Southern SEC Investors, LLC
Representative:
Pam Johns/RBI Management Services LLC
Owner:
51st Southern SEC Investors, LLC
Appellant:
51st Southern SEC Investors, LLC
Upheld the ZAHO’s decision of denied.
(Davis/Tauber - Vote 4-0 (Ford absent))
#1 & #2
Upheld ZAHO
(#1 Denied
& #2 Approved)
6.
Application #:
ZA-524-08-7 (Sign)
Existing Zoning:
A-1
Location:
455 S. 75th Avenue
Proposal:
1) Variance to have less than 1000 feet between two bulletin sized outdoor advertising structures. Variance required. 2) Variance to allow illumination for an outdoor advertising structure in such a manner that any portion of the face of the sign is visible at or behind the existing or required yard setback. Variance required.
Ordinance Sections:
705.2.A.16.a 705.2.A.20
Applicant:
Peter Grover/Metro Outdoor Advertising
Representative:
William Allison/Gallagher & Kennedy
Owner:
Art Mortgage Borrower Propco 2006 16 LLP
Appellant:
Peter Grover/Metro Outdoor Advertising
#1 - Upheld the ZAHO’s decision of denied.
#2 - Upheld the ZAHO’s decision of approved.
(Thornham/Tauber - Vote 3-1 (Gaynor) (Ford absent))
D.
Other Business
No Action
7.
Update on pending appeals of the Board of Adjustment.
No Action
8.
Q & A: Procedure and Process - Board Adjustment Case law.
Discussion
9.
The Board may vote to go into Executive Session pursuant to A.R.S Section 38-431.03.A.3 for the purpose of receiving legal advice on any of the above items A- D.
The Board met with Mr. Hamblin to receive legal counsel.
For further information, please call Mary L. Brown, Secretary to the Board, in the Planning Department at 602-495-7029 or contact us 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 Relay number at 602-534-5500 as early as possible to coordinate needed arrangements.
November 7, 2008