BOA Agenda - PDF document

1 BOA Agenda – November 7, 2019 NOT
BOA Agenda – November 7, 2019 NOTICE OF RESULTS BOARD OF ADJUSTMENT Pursuant 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 Thursday, November 7, 2019, at 12:00 p.m. located in City Council Chambers, 200 West Jefferson Street, Phoenix, Arizona. The results of the meeting were as follows: (ZAHO – Zoning Adjustment Hearing Officer) RESULTS A. Approval of Minutes Approved Approval of October 3, 2019 minutes . ( Beuerlein/Ammon – V ote of 6 - 0 ) (Rivera absent) Approved B. Approval of Agenda ( Beuerlein/Knight – V ote of 6 - 0 ) (Rivera absent) No Action C. Requests for Continuance and/or Withdrawal D. Items for Consideration Approved 1. Application #: ZA - 299 - 18 - 6 (One - Year Review) 1 - Year Review ; Existing Zoning: C - 1 Removed Location: 6343 North 16th Street Stipulation No. 2 Quarter Section: 21 - 31(I9) Proposal: Use permit to allow the sales of alcoholic beverages accessory to a restaurant (Rokerij). Use permit required. Ordinance Sections: 622.D.150.a. Applicant: Rokerij Richardsons, Burning Embers Fish & Steakhouse, LLC Representative: Andrea Lewkowitz, Lewkowitz Law Office Owner: Vino Di Rico, LLC Appellant: Andrea Lewkowitz, Lewkowitz Law Office Approved the 1 - year review and removed Stipulation No. 2 . 1) The area for sales of alcoholic beverages in the northern most building shall be limited to 400 square feet and a maximum of 20 seats. 2) Th

2 e use permit shall be reviewed in one ye
e use permit shall be reviewed in one year. 2) 3) The applicant shall install and pay for no - trespassing signs on the Roman Roads property. BOA Agenda – November 7, 2019 3) 4) T he business shall designate a primary point of contact for the Roman Roads community and a copy of the Primary Contact person’s name and phone number shall be provided to the Planning and Development Department for inclusion in the case file. 4) 5) The applicant shall meet with the Roman Roads community every six months to address neighborhood concerns with on - going operation of the business. The applicant must provide an email documenting that the meeting occurred and how issues pl anned to be mitigated. The applicant and the Roman Roads community may utilize email correspondence, in lieu of a meeting if mutually accepted by both sides. 5) 6) The applicant has 1 year to apply and pay for building permits. 6) 7) The applicant will develop a valet parking plan to be reviewed and approved by the traffic engineer. Upheld ZAHO with 2. Application #: ZA - 307 - 19 - 6 (Continued from October 3, 2019) Modifications Existing Zoning: C - 2 SP HGT/WVR Location: 6829 North 7th Street and 736 East Flynn Lane Quarter Section: 22 - 29(I8) Proposal: 1) Variance to allow 10 - foot building setback adjacent to street (south). Average 30 feet required. 2) Variance to allow 10 - foot landscape setback adjacent to street (south). Average 30 feet required. 3) Variance to allow 10 - foot building setback adjacent to R - 4 zoning (east). Minimum 30 feet required. 4) Varianc e t

3 o allow maneuvering in right - of - way
o allow maneuvering in right - of - way (alley). Maneuvering must be located on private property. 5) Variance to enable access from a street not considered an arterial or collector. Arterial or collector street required. 6) Variance to allow 4% parking lot landscaping. Minimum 10% required. 7) Variance to allow 63% lot coverage. Maximum 50% lot coverage permitted. BOA Agenda – November 7, 2019 Ordinance Sections: 623.E.4.d., 623.E.4.e, 623.E.4.d., 702.A.1.b. 647.2.A.1.4., 623.E.4.e., 623.E.4.h. Applicant: George Pasquel III, Withey Morris, PLC Representative: George Pasquel III, Withey Morris, PLC Owner: Jim Fijan, Flynn 720, LLC Appellant: Neal Haddad, Arcadia Osborn Neighborhood Association Uph e ld the ZAHO’ s decision to approve the variances with modifications to R equest N os. : 1) Allow a 12 - foot building setback adjacent to street (south) 2) Allow a 12 - foot landscape setback adjacent to street (south) 3) Allow a 15 - foot building setback adjacent to R - 4 zoning (east) 7) Allow a 61% lot coverage Modified Stipulations: 1) There shall be no illuminated ground signs of any kind on either the Flynn LANE OR and 8 th Place street frontages. 2) There shall be no illuminated wall signs of any kind on either the Flynn LANE OR and 8th Place street frontages. 3) Any illuminated signs placed on any building located on the 7th Street frontage shall not be oriented to cast light, after 10:00 p.m., into the Flynn Lane - based residential neighborhood. 4) EXCEPT AS MODIFIED B Y THESE STIPULATIONS , applicant shall generally confo rm with the site plan KIVA 18 - 2641 presented at the hearing (stamped by the city Octo

4 ber 23, 2018) with respect to the locati
ber 23, 2018) with respect to the locations for placement of the Flynn Lane landscaping and the building masses in each phase. 5) No parallel parking of vehicles or trailers ever shall be permitted by the owner on the north and west sides of the project’s initial phase projecting into the 20 - foot - wide alley (to the north and west) subject to shared use by applicant and others. Temporary waiting of vehicles in the same location s shall not be permitted between sun up and 9:00 p.m. Mondays through Fridays. 6) If the project is built in phases, Phase 2 improvements must match Phase 1 improvements in their materials of construction and colors of exterior finishes. 7) Shade trees are to constitute at least one - third of the vegetation adjoining the Flynn Lane sidewalk. BOA Agenda – November 7, 2019 8) PRIMARY ACCESS TO TH E STORAGE FACILITY S HALL BE FROM 7TH STREET V IA THE ALLEY/CROSS A CCESS EASEMENT ON THE NORT H SIDE OF THE BUILDI NG AND DIRECTED AWAY FROM F LYNN LANE. APPL ICANT SHALL WORK WITH THE STREET TRANSPORTATIO N DEPARTMENT AND THE P HOENIX MID - CENTURY MODERN NEIGHBORHOOD ASSOCIATION IN REQUESTING RESTRICTE D INGRESS/EGRESS AT FLYNN LANE AND THE ALLEY. 9) APPLICANT SHALL INST ALL THE FOLLOWING (O R SIMILAR) SIGNS ON TH E SITE : A. “RIGHT - TURN ONLY” AT ACCESS FROM THE ALLEY TO FLYNN LANE; AND B. “EXIT TO GLENDALE AV ENUE” AT THE EASTERN EDGE OF THE SELF - STO RAGE FACILITY. 10) THE SELF STORAGE FA CILITY SHALL PROVIDE SITE ACCESS INSTRUCTIONS TO UNIT RENTERS TO DISCOURAGE THE USE O F FLYNN LA NE. 11) Applicant shall have 18 months to obtain and pay for a building permit. ( Eigo/Beuerlein – Vote of 6 - 0) (Rivera absent) Overturned 3. Application

5 #: ZA - 411 - 19 - 4 ZAHO Exi
#: ZA - 411 - 19 - 4 ZAHO Existing Zoning: R1 - 6 with a Location: 4328 North 11th Avenue Stipulation Quarter Section: 17 - 26(H8) Proposal: Variance to reduce the required rear yard setback (west) to 11 feet. Minimum 25 feet required. Ordinance Sections: 613.B.Table, B. Applicant: Gerald Killian, Killian Construction Company, LLC Representative: Gerald Killian, Killian Construction Company, LLC Owner: Boonchai Siriswangporn, Appellant: Gerald Killian, Killian Construction Company, LLC Overturned the ZAHO’s decision and approved the variance with a stipulation . Stipulation : 1) Applicant shall obtain building permits within 180 days. (Beuerlein/Ammon – Vote of 4 - 2) (James , Eigo) (Rivera absent) Upheld ZAHO 4. Application #: ZA - 376 - 19 - 5 Existing Zoning: R1 - 6 BOA Agenda – November 7, 2019 Location: 6941 West Wolf Street Quarter Section: 18 - 12(H4) Proposal: 1) Variance to reduce the required side yard setback (west) to 1 foot. Minimum 10 feet required. 2) Variance to allow required parking spaces within the required front yard setback (north). Required parking not permitted within the front yard setback. Ordinance Sections: 613.B, Table, B, 702.F.1.a Applicant: Belen Gutierrez Representative: Belen Gutierrez Owner: Belen Gutierrez Appellant: Belen Gutierrez Upheld the ZAHO’s decision to deny the variances. ( Eigo/James – Vote of 6 - 0 ) (Rivera absent) Upheld ZAHO; 5. Application #: ZA - 334 - 19 - 6 with Stipulations Existing Zoning: R - 3 Location: 4210 North

6 28th Street Quarter Section: 1
28th Street Quarter Section: 17 - 33(H9) Proposal: Use permit to use the Single Family Attached (SFA) development option. Use permit required. Ordinance Sections: 608.F.8 Applicant: Lorne Wallace, Towns on 28th LP / RAS Developments, Inc. Representative: Lorne Wallace, Towns on 28th LP / RAS Developments, Inc. Owner: Lorne Wallace, Towns on 28th LP / RAS Developments, Inc. Appellant: Michael Jimenez Upheld the ZAHO’s decision to approve the use permit with stipulations : 1) 18 months to apply and pay for building permits. 2) Per site plan 3) Limited to 2 stories (Cole/Ammon – Vote of 5 - 1) (Knight) (Rivera absent) Upheld 6. Application #: ZA - 336 - 19 - 6 ZAHO ; with Existing Zoning: R - 3 S tipulations Location: 4236 and 4238 North 28th Street Quarter Section: 17 - 33(H9) BOA Agenda – November 7, 2019 Proposal: Use permit to use the Single Family Attached (SFA) development option. Use permit required. Ordinance Sections: 608.F.8 Applicant: Lorne Wallace, Towns on 28th LP / RAS Developments, Inc. Representative: Lorne Wallace, Towns on 28th LP / RAS Developments, Inc. Owner: Lorne Wallace, Towns on 28th LP / RAS Developments, Inc. Appellant: Michael Jimenez Upheld the ZAHO’s decision to approve the use permit with stipulations : 1) 18 months to apply and pay for building permits. 2) Per site plan 3) Limited to 2 stories (Cole/James – V ote of 5 - 1 ) (Knight) (Rivera absent) Overturned 7. Application #: ZA - 549 - 18 - 3 (Revocation) ZAHO Existing Zoning: C - 2 with a Location: 2150 E

7 ast Sweetwater Avenue Stipulation
ast Sweetwater Avenue Stipulation Quarter Section: 32 - 32(L9) Proposal: Revocation of ZA - 364 - 17 - 3, a use permit to allow a car wash in an open building. Ordinance Sections: 307.A.7.h. Applicant: City of Phoenix Representative: City of Phoenix Owner: Sean Campbell, Campbell's Carwash Appellant: Sean Campbell, Campbell's Carwash Overturned the ZAHO’s decision, denied the revocation and added two , 6 - month reviews. Stipulation: 1) TWO , 6 - MONTH REVIEWS (Cole/James – Vote of 5 - 1) (Knight) (Rivera absent) E. Other Business Updated and Discussed 8. Update on December 5, 2019 Board of Adjustment agenda. Discuss ed Board ’s denial of late visual submittals. No Action 9. Update on pending appeals of the Board of Adjustment. No Action 10 . Q & A: Procedure and Process - Board of Adjustment case law. BOA Agenda – November 7, 2019 No Action 11 . 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 regarding any of the above Items A - E. Adjourned F. Adjournment For further information, please call Vi kki Cipolla - Murillo, Secretary to the Board, in the Planning and Development Department at 602 - 262 - 6884, or contact us via electronic mail at zoning@phoenix.gov . This electronic mail address will not accommodate zoning enforcement/violation complaints. This publication can be made available in alternate format upon request. To request a reasonable acc ommodation, please contact Tamra Ingersoll at 602 - 534 - 6648, TTY: Use 7 - 1 - 1. November 8 , 201