Last Modified on 11/20/2009 08:42:54NOTICE 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 November 19, 2009, at 10:00 a.m. located in Conference Room 10E, Phoenix City Hall, 200 West Washington Street, 10th Floor, Phoenix, Arizona.
The results of the hearing were as follows:
RESULTS
10:00 a.m.
Approved/ Stip
1.
Application #:
ZA-376-09-6
Existing Zoning:
R1-10
Location:
7300 North 16th Place
Block Location:
7300 North – 1600 East
Quarter Section:
23-31
Proposal:
Use permit to allow a manufactured home to be used for living purposes by a property owner during the construction of a permanent home on the premises. Use permit required.
Ordinance Sections:
701.A.8.
Applicant:
Bruce and Debera Willey
Representative:
Bruce and Debera Willey
Owner:
Bruce and Debera Willey
STIPULATION:
1) For 8 months.
Approved/ Stip
2.
Application #:
ZA-421-09-8
Existing Zoning:
C-2 HRI ACSBO TOD-1
Location:
1005 North 2nd Street
Block Location:
1000 North – 200 East
Quarter Section:
12-28
Proposal:
1) Variance to allow 100% lot coverage. Maximum 75% lot coverage allowed. 2) Variance to allow maneuvering in the right-of-way. Variance required. 3) Variance to allow a loading, service or refuse area to be located at the front of the lot. Variance required.
Ordinance Sections:
662.I.3.b. 702.B.1. 662.L.6.a.
Applicant:
Lazarus & Associates
Representative:
George Pasquel III
Owner:
LTD LLC
STIPULATION:
1) 3 years to apply for building permits.
Approved/ Stip
3.
Application #:
ZA-420-09-6
Existing Zoning:
R1-10
Location:
515 East Stella Lane
Block Location:
500 East – 6400 North
Quarter Section:
21-28
Proposal:
Variance to reduce the rear yard setback (east property line) to 18 feet. Minimum of 25 feet required.
Ordinance Sections:
611.B. Table B
Applicant:
Beth Ripp
Representative:
Beth Ripp
Owner:
Beth Ripp
STIPULATION:
1) 1 year to apply for building permits.
1:30 p.m.
Approved/ Stips
4.
Application #:
ZA-433-09-7 – (Sign)
Existing Zoning:
C-2, P-1 SNSPD
Location:
701 West McDowell Road
Block Location:
700 West – 1600 North
Quarter Section:
12-26
Proposal:
Variance to allow a wall sign to project 3 feet into the public right-of-way where the maximum allowed is 18 inches. Variance required.
Ordinance Sections:
705.B.3.a.(1)
Applicant:
Scott Jones/Sign Depot
Representative:
Don Burdick/Aristotle Signs
Owner:
Nick Davis/Indianola Partners, L.L.P.
STIPULATIONS:
1) Sign no closer to southeast corner of the building than the alignment of the north door jamb.
2) Obtain a revocable permit from the Streets and Transportation Department.
Denied
5.
Application #:
ZA-423-09-6
Existing Zoning:
R1-10
Location:
7634 North 3rd Avenue
Block Location:
7600 North – 300 West
Quarter Section:
24-27
Proposal:
Use permit for an over height outdoor game court fence (6-foot block, 6-foot iron fence) within the required rear and side yards. Use permit required for game court fences over 6 feet in height.
Ordinance Sections:
608.C.8.g.
Applicant:
Dean Behboodi
Representative:
Dean Behboodi
Owner:
Dean Behboodi
Continued
6.
Application #:
ZA-424-09-2
Existing Zoning:
PSC
Location:
4717 East Bell Road
Block Location:
4700 East – 17000 North
Quarter Section:
36-38
Proposal:
Use permit to allow the sale of alcoholic beverages at a restaurant (3 Margaritas). Use permit required.
Ordinance Sections:
622.D.143.a.
Applicant:
Maria Gomes (3 Margaritas)
Representative:
Paul Allen
Owner:
Richard and Kathleen Cornwell
CONTINUED TO DECEMBER 22, 2009 AT 3:30 P.M .
2:30 p.m.
#s 1 thru 6 & 8 thru 10 Approved/ Stips
#7 Withdrawn
7.
Application #:
ZA-269-08-7 – (18-Month Review)
Existing Zoning:
C-2 HP
Location:
609 North 5th Avenue
Block Location:
600 North – 500 West
Quarter Section:
11-27
Proposal:
1) Variance to allow vehicle maneuvering in public right-of-way (alley). Maneuvering to be on private property. 2) Variance to reduce required parking to 6 spaces. 46 spaces required. 3) Variance to reduce rear (east side) landscaped setback to 0 feet. Minimum 10 feet required. 4) Variance to reduce north side landscaped setback to 0 feet. Minimum 10 feet required. 5) Variance to reduce building setback (north side) to 10 feet. 15 feet required. 6) Variance to reduce front yard setback to 0 feet. 25 feet required. 7) Variance to allow a 4-foot high fence in the required front yard. Maximum of 3 feet allowed. 8) Use permit to allow outdoor dining as an accessory use to a restaurant (P. Josephs). Use permit required. 9) Use permit to allow outdoor alcohol consumption as an accessory to a restaurant (P. Josephs). Use permit required. 10) Use permit to allow live entertainment (inside and outside) as an accessory use to a restaurant (P. Josephs). Use permit required.
Ordinance Sections:
702.A.1.a. 702.3.Table 623.E.4.e.Table 623.E.4.e.Table 623.E.4.d.Table 623.E.4.d.Table 703.A.2.a.1. 623.D.152.c. 623.D.152.c. 623.D.152.a.
Applicant:
Dan Harvell/Greg Tromp
Representative:
Dan Harvell/Greg Tromp
Owner:
609 Partners, LLC
APPROVED WITH STIPULATIONS (Item #s 1 through 6 and 8 through 10):
1) Hours for use of outdoor area to be no earlier than 10:00 a.m. and no later than 2:00 a.m.
2) Hours for alcohol service in the outdoor area to be no earlier than 10:00 a.m. and no later than 2:00 a.m.
3) Employees must have a clear view of the area to supervise activities and/or be present while patrons utilize the area.
4) Hours for outdoor live entertainment no earlier than 10:00 a.m. and no later than 10:00 p.m.
5) Indoor live entertainment can be conducted during normal business hours.
6) Area be sufficiently lit and contained to discourage any unlawful activity. Security and lighting plan to be approved by Precinct Commander.
7) Per plan signed and dated by Zoning Adjustment Hearing Officer.
Item 7 was withdrawn at the original hearing on May 15, 2008,
Under Advisement
8.
Application #:
ZA-602-08-1 - (1-Year Review)
Existing Zoning:
PSC
Location:
10030 North Metro Parkway East
Block Location:
10000 North – 2700 West
Quarter Section:
28-22
Proposal:
1) Use permit to allow patron dancing accessory to a bar (Presidential Lounge). Use permit required. 2) Use permit to allow live music accessory to a bar (Presidential Lounge). Use permit required.
Ordinance Sections:
622.D.152.b. 622.D.152.a.
Applicant:
Theresa Morse
Representative:
Theresa Morse
Owner:
Bay Area Properties, LLC
Approved
9.
Application #:
ZA-654-08-6 – (1-Year Review)
Existing Zoning:
PCD
Location:
4221 East Chandler Boulevard
Block Location:
4200 East – 15600 South
Quarter Section:
011-37
Proposal:
Variance to reduce parking from 116 spaces to 84 spaces. 116 spaces required.
Ordinance Sections:
702.A.3.
Applicant:
Yih Jan
Representative:
Rocky Krosschell
Owner:
Yih Jan
Approved/ Stips
10.
Application #:
ZA-768-07-6 – (1-Year Review)
Existing Zoning:
C-2
Location:
800 East Camelback Road
Block Location:
800 East – 5000 North
Quarter Section:
19-29
Proposal:
Use permit to allow outdoor dining and outdoor alcoholic beverage consumption as an accessory to a restaurant (Lola Tapas). Use permit required.
Ordinance Sections:
623.D.151.c.
Applicant:
Daniel Wayne, Lolabar LLC
Representative:
Daniel Wayne, Lolabar LLC
Owner:
Michael Sklar
STIPULATIONS:
1) Employees must have a clear view of or be present in the area to supervise the activities while patrons utilize the outdoor area.
2) Smoking ordinance must be complied with.
3) Outside lighting must meet City standards.
4) Outside speakers will be kept at a moderate level and turned off by 11:00 p.m.
3:30 p.m.
Under Advisement
11.
Application #:
ZA-341-07-4 – (1-Year Review)
Existing Zoning:
C-2
Location:
998 East Indian School Road
Block Location:
900 East – 4100 North
Quarter Section:
17-29
Proposal:
1) Use permit to allow outdoor dining accessory to a restaurant/bar (Padlock). Use permit required. 2) Use permit to allow outdoor alcoholic beverage consumption accessory to a restaurant/bar (Padlock). Use permit required.
Ordinance Sections:
623.D.151.c. 623.D.151.c.
Applicant:
William Jackson/The Wave Management LLC
Representative:
William Jackson/The Wave Management LLC
Owner:
Grossman/Gordon Trust
Approved/ Stip
12.
Application #:
ZA-455-07-6 – (1-Year Review)
Existing Zoning:
C-2
Location:
3101 East Camelback Road
Block Location:
3100 East – 5000 North
Quarter Section:
18-34
Proposal:
Use permit to allow outdoor dining and outdoor alcoholic beverage consumption as accessory uses to a restaurant (Donovan's). Use permit required.
Ordinance Sections:
623.D.151.c.
Applicant:
John S. Szafran/DPA Architects, Inc.
Representative:
John S. Szafran/DPA Architects, Inc.
Owner:
Don Wollan/Prime Land Assets, LLC
STIPULATION:
1) 6 months to apply for building permits.
ZONING ADJUSTMENT HEARING OFFICER WAS: FRANK DOLASINSKI, AICP
PLANNER WAS: ED KEYSER
For further information, please call Ed 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 Julia Quinones at Voice/602-262-6888 or TDD/602-534-5500 as early as possible to coordinate needed arrangements.
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