Last Modified on 12/04/2008 08:08:36NOTICE 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 25, 2008, at 10:00 a.m. located in Assembly Room C, Phoenix City Hall, 200 West Washington Street, 1st Floor, Phoenix, Arizona.
The results of the hearing were as follows:
RESULTS
10:00 a.m.
Approved/ Stip
1.
Application #:
ZA-638-08-8
Existing Zoning:
R-5 RI
Location:
902 East Polk Street, 901 and 905 East Taylor Street
Block Location:
900 - 400 N. and 900 E. – 400 N.
Quarter Section:
11-29
Proposal:
Time extension for ZA-845-07, for all 8 requests. Expires November 15, 2008.
Ordinance Sections:
307.A.12.
Applicant:
Rick Thomson/Heritage American Homes LLC
Representative:
Stephen W. Anderson/ Gammage & Burnham PLC
Owner:
Rick Thomson/Heritage American Homes LLC
STIPULATION:
1) 1 year to apply for building permits.
Approved/ Stip
2.
Application #:
ZA-648-08-2
Existing Zoning:
RE-24
Location:
6251East Corrine Drive
Block Location:
6200 E. – 12600 N.
Quarter Section:
31-42
Proposal:
Variance to reduce the required side yard setback to 5 feet. Minimum 10 feet required.
Ordinance Sections:
607.B.3.
Applicant:
Allen and Marilyn Tigges
Representative:
Allen and Marilyn Tigges
Owner:
Allen and Marilyn Tigges
STIPULATION:
1) 1 year to apply for building permits.
Approved/ Stip
3.
Application #:
ZA-651-08-7
Existing Zoning:
R-5
Location:
50 East Cody Drive
Block Location:
000 East - 5000 S.
Quarter Section:
4-28
Proposal:
Variance to allow an over height fence (5 feet) in the visibility triangle required for an corner lot contiguous to a key lot. Maximum 3 feet permitted.
Ordinance Sections:
703.A.2.d.
Applicant:
William Allison
Representative:
William Allison
Owner:
Armando Ruiz
STIPULATION:
1) View fencing required.
Approved
4.
Application #:
ZA-652-08-7
Existing Zoning:
R-5
Location:
24 East Cody Drive
Block Location:
000 E. - 5000 S.
Quarter Section:
4-28
Proposal:
1) Variance to reduce the front yard set back to 15 feet. Minimum 20 feet required. 2) Variance to allow an over height fence (6 feet) in the required front yard. Maximum of 40 inches allowed. 3) Variance to allow an open projection 9 feet into the required front yard. Maximum 5-foot projection allowed.
Ordinance Sections:
618.B. Table B 703.A.2.a. 701.A.3.a.1.a.
Applicant:
William Allison
Representative:
William Allison
Owner:
Fernando Ruiz
Approved/ Stips
5.
Application #:
ZA-655-08-2
Existing Zoning:
C-2
Location:
20610 North Cave Creek Road
Block Location:
20600 N. – 2700 E.
Quarter Section:
41-32
Proposal:
Variance to allow a veterinary hospital in C-2 within 100 feet of a residential district. Minimum distance of 100 feet required.
Ordinance Sections:
623D.198.a.
Applicant:
T. Arch Robertson, D.V.M.
Representative:
Stan J. Connick
Owner:
T. Arch Robertson, D.V.M.
STIPULATIONS:
1) No boarding or outdoor uses.
2) 2 years to apply for building permits.
Approved/ Stips
6.
Application #:
ZA-659-08-6
Existing Zoning:
R1-6
Location:
4220 East Turney Avenue
Block Location:
4200 E. – 4400 N.
Quarter Section:
17-37
Proposal:
Use permit to allow a home occupation (bakery) in an accessory building. Use permit required.
Ordinance Sections:
608.C.9.h.2.
Applicant:
Traci and Steve Wilbur
Representative:
Traci and Steve Wilbur
Owner:
Traci and Steve Wilbur
STIPULATIONS:
1) Accessory structure not to be used for residential purposes.
2) No employees.
1:30 p.m.
Approved/ Stips
7.
Application #:
ZA-657-08-1 –(Sign)
Existing Zoning:
C-2 DVAO
Location:
22185 North Black Canyon Highway
Block Location:
22100 N. – 2600 W.
Quarter Section:
43-23
Proposal:
1) Variance to allow an outdoor advertising structure in the C-2 zoning district. Variance required. 2) Variance to allow a bulletin-sized outdoor advertising structure within 1,000 of another bulletin-sized outdoor advertising structure.
Ordinance Sections:
705.2.A.15. 705.2.A.16.b.
Applicant:
CBS Outdoor
Representative:
Martin Aronson/Morrill & Aronson, PLC
Owner:
JJ's I-17 Opportunities, Inc.
STIPULATIONS:
1) New board must have a pole cover.
2) Permit numbers to be forwarded to Ms. Hillner in Development Services Department.
Continued
8.
Application #:
ZA-658-08-1 – (Sign)
Existing Zoning:
PSC
Location:
23550 North 36th Avenue
Block Location:
23500 N. – 3600 W.
Quarter Section:
45-20
Proposal:
1) Variance to allow a ground sign greater than 20 feet in height in a commercial zoning district. Variance required. 2) Variance to allow a ground sign with more than 150 square feet of sign area in a commercial zoning district. Variance required.
Ordinance Sections:
705.D.Table D-1 705.D. Table D-1
Applicant:
Karen Becketts/EAS Department
Representative:
Will Bruder/Will Bruder & Partners
Owner:
City of Phoenix
CONTINUED TO JANUARY 6, 2009 AT 3:30 P.M. WITH FEE.
Approved
9.
Application #:
ZA-663-08-8 – (Sign)
Existing Zoning:
C-3 H-R, TOD-2
Location:
3838 East Van Buren Street
Block Location:
3800 E. – 300 N.
Quarter Section:
11-36
Proposal:
1) Use permit for a comprehensive sign plan to allow wall signs to be installed at 56 feet or greater. Use permit required. 2) Variance to allow a ground sign for a primary use to be 5 feet high where the maximum allowed within the TOD-2 is 3 feet high.
Ordinance Sections:
705.D.3.i. 663.K.10.
Applicant:
Gateway Hotel, LLC
Representative:
Roy Hanson/Chandler Signs
Owner:
Gateway Hotel, LLC
Approved/ Stip
10.
Application #:
ZA-661-08-5
Existing Zoning:
R1-6
Location:
6251 North 23rd Avenue
Block Location:
6200 N. – 2300 W.
Quarter Section:
21-24
Proposal:
1) Use permit to allow a height of 19 feet for an accessory structure. Use permit required. 2) Use permit to allow a 2-story accessory structure. Use permit required.
Ordinance Sections:
706.G. 706.G.
Applicant:
Stephen and Diep Cockrill
Representative:
Stephen and Diep Cockrill
Owner:
Stephen and Diep Cockrill
STIPULATION:
1) 1 year to apply for building permits.
2) No living quarters in accessory structure.
2:30 p.m.
Approved/ Stip
11.
Application #:
ZA-654-08-6
Existing Zoning:
PCD
Location:
4221 East Chandler Boulevard
Block Location:
4200 E. – 15600 S.
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
STIPULATION:
1) 1 year review (November 19, 2009 at 3:30 p.m.).
Approved/ Stip
12.
Application #:
ZA-660-08-2
Existing Zoning:
RE-24
Location:
7043 East Dreyfus Avenue
Block Location:
7000 E. – 13000 N.
Quarter Section:
32-44
Proposal:
Variance to allow a 9-foot 3-1/8-inch high accessory structure in the west side yard. Maximum of 8 feet permitted. Variance required.
Ordinance Sections:
706.C.
Applicant:
Bernard Hawes
Representative:
Bernard Hawes
Owner:
Bernard Hawes
STIPULATION:
1) 1 year to apply for building permits.
Withdrawn
13.
Application #:
ZA-662-08-5
Existing Zoning:
C-2 HR C-2 HGT/WVR
Location:
Approximately 200 feet east and south of the SEC of 99th Avenue and Camelback Road
Block Location:
9900 W. – 5000 N.
Quarter Section:
18-5
Proposal:
1) Variance to reduce the required street setback along the east property line adjacent to the freeway to 10 feet. 25 feet minimum required. 2) Variance to delete the requirement to screen parking (with a wall or landscaping) along the east property line adjacent to a street. 3 feet high screen required. 3) Variance to delete the requirement to screen parking (with a wall or landscaping) along the south property line adjacent to a residential zoning district (S-1). 4 feet high screen required. 4) Variance to reduce the size of required trees in a perimeter street landscaped setback to 100% 2-inch caliper. Minimum 25% 3-inch, 25% 4-inch and 50% 2-inch required. 5) Variance to increase height of parking lot lighting to 25 feet within 150 feet of a residential zoning district (S-1). 15 feet maximum height allowed.
Ordinance Sections:
623.E.4.d 702.A.2.c.(2) 702.A.2.c(2)(a) 623.E.4.e 507.Tab A.8
Applicant:
Tanger Development, LLC
Representative:
Stephen C. Earl - Earl, Curley & Lagarde
Owner:
HWWCC Development LLC
Approved
14.
Application #:
ZA-664-08-6
Existing Zoning:
C-2
Location:
4144 East Indian School Road
Block Location:
4100 E. – 4100 N.
Quarter Section:
17-37
Proposal:
Use permit to allow outdoor alcohol consumption accessory to a restaurant (Tee Pee Mexican Food). Use permit required.
Ordinance Sections:
623.D.151.c.
Applicant:
Art Killeen DBA Tee Pee Mexican Food
Representative:
Art Killeen DBA Tee Pee Mexican Food
Owner:
Art Killeen DBA Tee Pee Mexican Food
3:30 p.m.
Approved/ Stips
15.
Application #:
ZA-768-07-6 – (1-Year Review)
Existing Zoning:
C-2
Location:
800 East Camelback Road
Block Location:
800 E. – 5000 N.
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) 1 year review (January 19, 2009 at 3:30 p.m.).
2) Employees must have a clear view of or be present in the area to supervise the activities while patrons utilize the outdoor area.
3) Smoking ordinances must be complied with.
4) Outside lighting must meet City standards.
5) Outside speakers will be kept at a moderate level and turned off by 11:00 p.m.
Approved/ Stips
16.
Application #:
ZA-341-07-4 – (12-Month Review)
Existing Zoning:
C-2
Location:
998 East Indian School Road
Block Location:
900 E. – 4100 N.
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
STIPULATIONS:
1) 1 year review (January 19, 2009 at 3:30 p.m.).
2) The patio will be walled in with a 6-foot wall.
3) No outdoor speakers of any kind.
4) Lighting outdoors must meet requirements of precinct commander.
5) Service gate at north end of patio.
6) Outdoor dining and outdoor consumption of alcohol shall be limited from 3:00 p.m. to 2:00 a.m.
7) Any security requirements shall be determined by the precinct commander.
8) Employees must have a clear view of the area in order to supervise the activities and/or be present while patrons utilize the outdoor area.
Approved
17.
Application #:
ZA-887-07-3 – (1-Year Review)
Existing Zoning:
C-2
Location:
8729 North Central Avenue
Block Location:
8700 N. – 0
Quarter Section:
26-28
Proposal:
1) Use permit to allow an extension of a use from a less restrictive district into a more restrictive district for no more than 25 feet. Use permit required. 2) Use permit to allow a temporary use (parking) in which such use is not otherwise allowed. Use permit required. 3) Variance to delete the required landscaping. 10% minimum interior landscaping required. 4) Variance to delete the parking lot screen wall. Screen wall required.
Ordinance Sections:
307.A.8. 708.A. 623.E.4.e. 702.A.2.c.(2)
Applicant:
Kevin T. McNeill, Corbin's Bar & Grill
Representative:
Kevin T. McNeill, Corbin's Bar & Grill
Owner:
Sterling International, George B. Wilmer
Approved/ Stips
18.
Application #:
ZA-455-07-6 – (1-Year Review)
Existing Zoning:
C-2
Location:
3101 East Camelback Road
Block Location:
3100 E. – 5000 N.
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
STIPULATIONS:
1) 1 year to apply for permits.
2) Review in 1 year (November 19, 2009 at 3:30 p.m.).
ZONING ADJUSTMENT HEARING OFFICER WAS: ISRAEL TORRES
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 Theresa Damiani at Voice/602-262-6368 or the City TTY/602-534-5500 as early as possible to coordinate needed arrangements.
S:\Zoning Adjustments\Hearings\ZA\Agenda\2008 Agenda\112508.doc