Last Modified on 11/20/2009 08:43:18NOTICE 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 November 5, 2009 at 12:00 p.m. located in Personnel Building, 1st Floor Test Room, 135 North 2nd Avenue, Phoenix, Arizona.
The results of the meeting were as follows:
(ZAHO = Zoning Adjustment Hearing Officer)
RESULTS
A.
Approval of minutes.
Approved
Approval of October 1, 2009 minutes. (DAVIS/GAYNOR - Vote of 5-0.)
B.
Requests for continuance, withdrawal, and/or reconsideration.
Failed for lack of a second
1.
Application #:
ZA-168-09-8 (Sign) (Request for Reconsideration – Continued from October 1, 2009)
Existing Zoning:
A-1 CMOD
Location:
314 South 7th Avenue
Proposal:
1) Variance to install an outdoor advertising structure at 80 feet high. Maximum height allowed in A-1 zoning district is 48 feet. 2) Variance to install an outdoor advertising structure at 0-foot setback. Minimum setback from an arterial street is 25 feet. 3) Variance to allow a bulletin sized billboard to be 600 feet from another bulletin sized billboard. Minimum spacing allowed is 1,000 feet. 4) Use permit to allow an electronic message board on an outdoor advertising structure. Use permit required.
Ordinance Sections:
705.2.A.22.b 705.2.A.12.a 705.2.A.16.a 705.2.A.19
Applicant:
Peter Grover / Metro Outdoor Advertising
Representative:
William Allison / Gallagher & Kennedy
Owner:
Valley Machine Works, Inc.
Appellant:
Rory Blakemore / Cowley Management
Ms. Thornham made a motion to reconsider and there was no second. The motion died.
C.
Items for consideration.
Continued
2.
Application #:
ZA-614-08-8 (Sign) (Continued from August 6, 2009)
Existing Zoning:
A-1
Location:
711 West Madison Street
Proposal:
1) Variance to allow an outdoor advertising structure within the Downtown Redevelopment Area. Variance required. 2) Variance to allow less than 1,000 feet of spacing between two bulletin sized outdoor advertising structures. Variance required.
Ordinance Sections:
705.2.A.7.d 705.2.A.16.a
Applicant:
Peter Grover / Metro Outdoor Advertising
Representative:
William Allison / Gallagher & Kennedy
Owner:
Harlan Company Distributor
Appellant:
Peter Grover / Metro Outdoor Advertising
Continued to December 3, 2009.
(GAYNOR/SAUL - Vote of 5-0.)
Continued
3.
Application #:
ZA-615-08-3 (Sign) (Continued from August 6, 2009)
Existing Zoning:
C-3
Location:
9606 North Cave Creek Road
Proposal:
1) Variance to allow an outdoor advertising structure in the Target Area F Redevelopment Area. Variance required. 2) Variance to allow an outdoor advertising structure in the C-3 zoning district to be 35 feet high while within 25 feet of a building which is not 35 feet high. Variance required.
Ordinance Sections:
705.2.A.7.d 705.2.A.22.a
Applicant:
Peter Grover / Metro Outdoor Advertising
Representative:
William Allison / Gallagher & Kennedy
Owner:
9606 Properties, LLC
Appellant:
Peter Grover / Metro Outdoor Advertising
Continued to December 3, 2009.
(GAYNOR/SAUL - Vote of 5-0.)
Continued
4.
Application #:
ZA-250-09-8 (Continued from September 3, 2009)
Existing Zoning:
RE-43
Location:
3927 East St. Catherine Avenue
Proposal:
1) Variance to allow a 52-inch wall on top of a retaining wall in the front yard. 40 inches allowed. 2) Variance to allow an 84-inch fence in the front yard (proposed front gate). 40 inches allowed.
Ordinance Sections:
703.A.4.f 703.A.3.a
Applicant:
Greg and Patricia Mascaro
Representative:
Andrew E. Moore / Andrew E. Moore Law Firm
Owner:
Greg Mascaro
Appellant:
Greg and Patricia Mascaro
Continued to December 3, 2009.
(GAYNOR/DAVIS - Vote of 5-0.)
Upheld
5.
Application #:
ZA-318-09-6
Existing Zoning:
RE-35
Location:
5302 East Valle Vista Road
Proposal:
Variance to allow a swimming pool within the required front yard setback. Not permitted.
Ordinance Sections:
706.A.
Applicant:
Clyde Rousseau
Representative:
Clyde Rousseau
Owner:
Clyde Rousseau
Appellant:
Richard Rea / Arcadia Camelback Mountain Neighborhood Association
Upheld the ZAHO’s decision of approval with stipulation.
Stipulation:
1 year to apply for permits.
(DAVIS/GAYNOR - Vote of 5-0.)
Upheld
6.
Application #:
ZA-331-09-Y
Existing Zoning:
Location:
Citywide
Block Location:
Quarter Section:
Proposal:
Request for formal zoning interpretation. Is a multi-use arena an acceptable accessory use/structure in the
RE-24 zoning district?
Ordinance Sections:
606.A.8.
Applicant:
T.J. McGillicuddy
Representative:
Michael Riikola, Esq.
Owner:
Guy Inzalaco and Stephanie
Appellant:
T.J. McGillicuddy
Upheld the ZAHO’s determination.
(FORD/GAYNOR - Vote of 5-0.)
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 re: any of the above items A-D.
The Board went into Executive Session to receive legal counsel from their city provided attorney, Mr. Doug Jorden, for ZA-331-09-Y.
(SAUL/GAYNOR – Vote of 5-0.)
The Board went into Executive Session to receive counsel from their attorney, Mr. Hamblin, for ZA-168-09-8.
(DAVIS/GAYNOR – Vote of 4-0. (Saul absent))
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 Julia Quinones at Voice/602-262-6888 or the City TTY Relay (602) 534-5500 as early as possible to coordinate needed arrangements.
November 6, 2009