NOTICE OF RESULTS
ZONING ADJUSTMENT HEARING

 

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 November 12, 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/ Stips

1.

Application #:

ZA-398-09-2

 

Existing Zoning:

R1-8

 

Location:

1925 East Union Hills Drive

 

Block Location:

1900 East – 18600 North

 

Quarter Section:

38-31

 

Proposal:

Use permit to allow a wireless communication antennae to co-locate on an existing public utility pole less than 150 feet from a residentially zoned property. Use permit required.

 

Ordinance Sections:

715.B.2.a.2.ii.

 

Applicant:

Rick Shaw

 

Representative:

Rick Shaw

 

Owner:

Arizona Public Service

 

STIPULATIONS:

1)     One year to apply for permits.

2)     Per the site plan signed by the Zoning Adjustment Hearing Officer and dated November 12, 2009.

 

 

 

 

Denied

2.

Application #:

ZA-411-09-1

 

Existing Zoning:

A-1

 

Location:

2010 West Parkside Lane, #132

 

Block Location:

2000 West – 23000 North

 

Quarter Section:

44-24

 

Proposal:

Use permit to allow a residential use in an A-1 district. Use permit required.

 

Ordinance Sections:

627.D.1.

 

Applicant:

Michael Talmon (Paul Masse)

 

Representative:

Michael Talmon (Paul Masse)

 

Owner:

Deer Valley Airpark Venture III LLC

 

 

 

 

Approved

3.

Application #:

ZA-412-09-3

 

Existing Zoning:

C-2

 

Location:

9636 North 7th Street

 

Block Location:

9600 North – 700 East

 

Quarter Section:

27-28

 

Proposal:

Use permit to allow package retail sales of liquor less than 300 feet from a residential district. Use permit required.

 

Ordinance Sections:

622.D.95.a

 

Applicant:

Wilson Khamo (Crown Beer & Wine)

 

Representative:

Wilson Khamo (Crown Beer & Wine)

 

Owner:

Lucie Warg

 

 

 

 

Denied

4.

Application #:

ZA-415-09-7

 

Existing Zoning:

R-3 RI, R1-6

 

Location:

1614 East Monte Vista Road

 

Block Location:

1600 East – 2200 North

 

Quarter Section:

13-31

 

Proposal:

Variance to allow an over height (6 feet) fence in the front setback. Maximum of 40 inches allowed.

 

Ordinance Sections:

703.A.2.a.

 

Applicant:

Saints Peter and Paul Eastern Orthodox

 

Representative:

Nicholas J. Enoch, Project Leader

 

Owner:

Saints Peter and Paul Eastern Orthodox

 

 

 

 

Approved/ Stips

5.

Application #:

ZA-418-09-5

 

Existing Zoning:

C-1

 

Location:

4151 West Bethany Home Road

 

Block Location:

4100 West – 6000 North

 

Quarter Section:

20-19

 

Proposal:

Use permit to allow a disguised wireless communication facility (monopalm) within approximately 51 feet from a property that is zoned for residential purpose. Use permit required.

 

Ordinance Sections:

715.B.2.a.(2)(a)(i)

 

Applicant:

Randy Pridgeon, Reliant Land Services

 

Representative:

Randy Pridgeon, Reliant Land Services

 

Owner:

Angel Vasquez and Olivia Moreno

 

STIPULATIONS:

1)     Per the site plan signed by the Zoning Adjustment Hearing Officer and dated November 12, 2009.

2)     One year to apply for permits.

 

 

 

 

Approved/ Stips

6.

Application #:

ZA-419-09-2

 

Existing Zoning:

PAD-8

 

Location:

18013 North 19th Street

 

Block Location:

18000 North – 1900 East

 

Quarter Section:

38-31

 

Proposal:

Use permit to allow the expansion of a nonconforming use (mobile home) up to 50% of the original structure. Use permit required.

 

Ordinance Sections:

906.D.

 

Applicant:

Lee Backus-Frey

 

Representative:

Ken Larkins

 

Owner:

Desert Investments and Solutions, LLC

 

STIPULATIONS:

1)     One year to apply for permits.

2)     Per the site plan signed by the Zoning Adjustment Hearing Officer and dated November 12, 2009.

 

 

 

 

 

 

1:30 p.m.

 

Approved/ Stips

7.

Application #:

ZA-413-09-7

 

Existing Zoning:

R-3

 

Location:

847 South 29th Avenue

 

Block Location:

800 South – 2900 West

 

Quarter Section:

9-22

 

Proposal:

Use permit to allow a wireless communication facility to co-locate on a public utility less than 150 feet from a residential district. Use permit required.

 

Ordinance Sections:

715.B.2.a.(2)(a)(ii)

 

Applicant:

Shannon Morrelli (AT&T Mobility)

 

Representative:

Shannon Morrelli (Bechtel)

 

Owner:

Arizona Public Services

 

STIPULATIONS:

1)     Six months to apply for permits.

2)     Per the site plan signed by the Zoning Adjustment Hearing Officer and dated November 12, 2009.

 

 

 

 

Approved/ Stips

8.

Application #:

ZA-414-09-1

 

Existing Zoning:

C-2

 

Location:

2510 West Happy Valley Road, #1241

 

Block Location:

2500 West – 25000 North

 

Quarter Section:

47-23

 

Proposal:

1) Use permit to allow outdoor dining accessory to a restaurant (Buffalo Wild Wings). Use permit required. 2) Use permit to allow outdoor alcoholic beverage consumption accessory to a restaurant (Buffalo Wild Wings). Use permit required.

 

Ordinance Sections:

623.D.152.c. 623.D.152.c.

 

Applicant:

Leslie OHara - Buffalo Wild Wings, Inc.

 

Representative:

Chuck Wells - Phoenix Commercial Advisors

 

Owner:

Nortera West, LLC

 

STIPULATIONS:

1)     The employees must have a clear view of the area in order to supervise activities and/or be present while patrons utilize the outdoor area.

2)     The area be sufficiently lighted and contained to discourage any unlawful activity.

3)     One year to apply for permits.

4)     Per the site plan signed by the Zoning Adjustment Hearing Officer and dated November 12, 2009.

 

 

 

 

 

 

2:30 p.m.

 

Denied

9.

Application #:

ZA-410-09-6

 

Existing Zoning:

R1-10

 

Location:

4823 East Mulberry Drive

 

Block Location:

4800 East – 3300 North

 

Quarter Section:

15-39

 

Proposal:

Use permit to allow a home occupation to generate traffic. Use permit required.

 

Ordinance Sections:

608.C.9.h.(1)

 

Applicant:

Margaret and Jonathan Norris

 

Representative:

Margaret and Jonathan Norris

 

Owner:

Margaret and Jonathan Norris

 

 

 

 

Under Advisement

10.

Application #:

ZA-416-09

 

Existing Zoning:

 

 

Location:

Citywide

 

Block Location:

 

 

Quarter Section:

 

 

Proposal:

Formal Zoning Interpretation, are material/sample boards associated with a design professional allowed in the R-O Zoning District. Determination required.

 

Ordinance Sections:

620.B.1.

 

Applicant:

Lindsay Schube, Beus Gilbert PLLC

 

Representative:

Lindsay Schube, Beus Gilbert PLLC

 

Owner:

Joseph M. Fortuna and Terri Fortuna

 

 

 

 

 

ZONING ADJUSTMENT HEARING OFFICER WAS: CHRISTINE SHEEHY, AICP

PLANNER WAS: CRAIG MAVIS

 

 

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.

 

 

S:\Zoning Adjustments\Hearings\ZA\Agenda\2009 Agenda\111209.doc

Last Modified on 11/20/2009 08:43:09