Last Modified on 12/04/2008 08:08:41NOTICE 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 20, 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 meeting were as follows:
RESULTS
10:00 a.m.
Denied, as Filed
1.
Application #:
ZA-606-08-8
Existing Zoning:
Pending C-2 SP
Location:
1312 East Broadway Road
Block Location:
1300 E. – 4400 S.
Quarter Section:
5-30
Proposal:
1) Variance to reduce the required street side (south) landscaped setback to 10 feet, 25 required. 2) Variance to reduce the required street side (west) landscaped setback to 10 feet. 24 feet required.
Ordinance Sections:
624.E.4.d. 624.E.4.d.
Applicant:
Carlos Dominguez, Arkiton, LLC
Representative:
Carlos Dominguez, Arkiton, LLC
Owner:
Carmen Siguenza, CINALD, LLC
APPROVED AS:
1) 20-foot landscape setback shall be retained along Broadway Road.
2) 15-foot landscape setback shall be retained along 13th Street.
3) Site plan shall be in general conformance to plan dated November 20, 2008, as modified by stipulations 1and 2.
4) 6-months to apply for permits.
Approved/ Stip
2.
Application #:
ZA-632-08-2
Existing Zoning:
R1-8
Location:
2405 East Marco Polo Road
Block Location:
2400 E. – 19800 N.
Quarter Section:
40-33
Proposal:
1) Variance requested to reduce the required front yard setback to 0. 20 feet required. 2) Variance requested to reduce the required rear yard setback to 15 feet. 25 feet required.
Ordinance Sections:
612.B.Table 612.B.Table
Applicant:
Claude Giroux
Representative:
Claude Girox
Owner:
Claude Giroux and Debra V. Isdal-Giroux
STIPULATION:
1) For existing house only, as shown on site plan dated November 20, 2008.
Approved/ Stip
3.
Application #:
ZA-642-08-3
Existing Zoning:
A-1
Location:
10850 North 24th Avenue
Block Location:
10800 N. – 2400 W.
Quarter Section:
29-23
Proposal:
Use permit to allow outdoor dining as an accessory use to a restaurant (Daily Deli). Use permit required.
Ordinance Sections:
627.D.2.
Applicant:
Chris Gioia- American Student Loans Service
Representative:
Thomas Durkin - Durkin Architects
Owner:
American Student Loans Services
STIPULATION:
1) Per plan submitted, dated November 20, 2008.
Under
Advisement
4.
Application #:
ZA-633-08-6
Existing Zoning:
R1-6
Location:
1212 East Glendale Avenue
Block Location:
1200 E. – 7000 N.
Quarter Section:
23-30
Proposal:
Use permit to allow a wireless communications monopalm within 300 feet of a residentially zoned parcel. Use permit required.
Ordinance Sections:
608.C.15.a.2.
Applicant:
Declan Murphy/T-Mobile
Representative:
Declan Murphy/T-Mobile
Owner:
Our Saviors Evangelical Lutheran Church
Approved/ Stips
5.
Application #:
ZA-635-08-6
Existing Zoning:
R1-8 PCD AL
Location:
16625 South 39th Way
Block Location:
16600 S. – 3900 E.
Quarter Section:
012-36
Proposal:
1) Variance to increase lot coverage to 48.9 %. 45% maximum lot coverage allowed. 2) Variance to reduce the required rear yard setback to 11 feet. 25 feet required.
Ordinance Sections:
612.B.Table B 612.B.Table B.
Applicant:
Bill and Deneen Price
Representative:
Dennis Kelsay - East Valley Remodeling
Owner:
Bill and Deneen Price
STIPULATIONS:
1) 6 months to apply for permits.
2) Per plan submitted and dated November 20, 2008.
Approved/ Stip
6.
Application #:
ZA-643-08-1
Existing Zoning:
R1-6
Location:
3510 West Beryl Avenue
Block Location:
3500 W. – 10200 N.
Quarter Section:
28-20
Proposal:
1) Variance to increase lot coverage to 42%. 40% maximum allowed. 2) Variance to reduce the required west side yard setback to 1 foot. 3 feet required. 3) Variance to allow an 8-foot wall along the north property line and in a portion of the east property line. 6 feet maximum allowed.
Ordinance Sections:
613.B.Table B 613.B.Table B 703.A.2.c.
Applicant:
Everett R. Lucas
Representative:
Everett R. Lucas
Owner:
Everett R. Lucas
STIPULATION:
1) Per plan submitted.
1:30 p.m.
Approved/ Stips
7.
Application #:
ZA-644-08-7 – (Sign)
Existing Zoning:
A-1
Location:
2228 North Black Canyon Highway
Block Location:
2200 N. – 2600 W.
Quarter Section:
13-23 & 14-23
Proposal:
Use permit to allow an electronic message board. Use permit required.
Ordinance Sections:
705.C.1.
Applicant:
Rob Frazier/Equity Sign Group
Representative:
Rob Frazier/Equity Sign Group
Owner:
Shamrock Farms
STIPULATIONS:
1) Message change to occur no more frequently than once every 15 minutes, with the exception of time and temperature, which can occur more frequently.
2) All message changes to occur instantaneous.
Under Advisement
8.
Application #:
ZA-645-08-4 – (Sign)
Existing Zoning:
C-2
Location:
2136 West Camelback Road
Block Location:
2100 W. – 5000 N.
Quarter Section:
19-24
Proposal:
1) Variance request to allow less than 100 feet of spacing between ground signs in a commercial zoning district. Variance required. 2) Variance request to allow a ground sign to be placed outside the front yard setback. Variance required. 3) Variance request to allow a ground sign which exceeds 8 feet in height to be located closer to a building than 1 times the width of the sign at its widest point.
Ordinance Sections:
705.Table D-1 705.D.2.f. 705.D.2.g.
Applicant:
Rob Frazier/Equity Sign Group
Representative:
Rob Frazier/Equity Sign Group
Owner:
Matthew Orlich
Continued
9.
Application #:
ZA-646-08-6 – (Sign)
Existing Zoning:
C-2 PCD
Location:
4820 East Ray Road
Block Location:
4800 E. – 14000 S.
Quarter Section:
08-39
Proposal:
Use permit for a major amendment to the Foothills Park Place Comprehensive Sign Plan. Use permit required.
Ordinance Sections:
705.E.2.d.(2)
Applicant:
James Paddison/Summit West Signs
Representative:
James Paddison/Summit West Signs
Owner:
Supervalu, Inc.
CONTINUED TO JANUARY 15, 2009 AT 3:30 P.M. WITH FEE.
Approved/ Stip
10.
Application #:
ZA-647-08-2 – (Sign)
Existing Zoning:
C-1 PCD
Location:
30845 North Cave Creek Road
Block Location:
30800 N. – 4000 E.
Quarter Section:
54-38
Proposal:
Use permit for a major amendment to the Tuscany Village Comprehensive Sign Plan. Use permit required.
Ordinance Sections:
705.E.2.d.(2)
Applicant:
Craig James/ Terrazona, LLC
Representative:
Craig James/Terrazona, LLC
Owner:
Tuscany Village Center, LLC
STIPULATION:
1) 90 days to apply for permits.
2:30 p.m.
Approved/ Stips
11.
Application #:
ZA-656-08-6 – (Sign)
Existing Zoning:
C-2
Location:
5090 North 40th Street
Block Location:
5000 N. – 4000 E.
Quarter Section:
19-36
Proposal:
Use permit for a Comprehensive Sign Plan for the 5090 Building. Use permit required.
Ordinance Sections:
705.E.2.
Applicant:
Scott Mehlhoff/Identity Sign Group
Representative:
Scott Mehlfhoff/Identity Sign Group
Owner:
Transwestern
STIPULATIONS:
1) Approved as submitted with the exception of sign type D where 1 line of copy will be 36 inches and 2 lines of copy to be 48 inches.
2) Apply for sign permits within 90 days.
Continued
12.
Application #:
ZA-649-08-8
Existing Zoning:
C-2, P-1
Location:
3311 East McDowell Road
Block Location:
3300 E. – 1600 N.
Quarter Section:
12-35
Proposal:
Use permit to allow a wireless monopole. Use permit required.
Ordinance Sections:
622.D.168.a.
Applicant:
Rulon Anderson - T-Mobile
Representative:
Rulon Anderson - T-Mobile
Owner:
AZ Swap Meet II LLC
CONTINUED TO FEBRUARY 3, 2009 AT 3:30 P.M., NO FEE.
Denied
13.
Application #:
ZA-650-08-7
Existing Zoning:
R1-6
Location:
2617 North 89th Drive
Block Location:
2600 N. – 8900 W.
Quarter Section:
14-7
Proposal:
Variance to allow an over height wall (61 inches) in the required front yard setback. Maximum 40 inches permitted.
Ordinance Sections:
703.A.2.a.
Applicant:
Joe Kirk Allen
Representative:
Joe Kirk Allen/ David Dow
Owner:
Joe Kirk Allen
Denied
14.
Application #:
ZA-653-08-7
Existing Zoning:
S-1
Location:
6250 and 6202 South 23rd Avenue
Block Location:
6200 S. – 2300 W.
Quarter Section:
2-23
Proposal:
1) Variance to allow a 10-foot high fence in the front yard. Maximum allowed 3 feet, 4 inches. Variance required. 2) Variance to allow a 10-foot high fence in the side yard (south). Maximum allowed 6 feet. Variance required.
Ordinance Sections:
703.A.2.a. 703.A.2.c.
Applicant:
Abdul Slatewala
Representative:
Abdul Slatewala
Owner:
Jain Center of Greater Phoenix
3:30 p.m.
Under Advisement
15.
Application #:
ZA-552-07-4 – (Continued from April 22, 2008) (6-Month Review)
Existing Zoning:
C-2
Location:
4319 North 27th Avenue
Block Location:
4300 N. – 2700 W.
Quarter Section:
17-23
Proposal:
1) Use permit to allow more than 1 entertainer as an accessory to a bar (Los Tres Potrillos Bar). Use permit required. 2) Use permit to allow patron dancing as an accessory use to a bar (Los Tres Potrillos Bar). Use permit required. 3) Use permit to allow outdoor dining and outdoor alcoholic beverage consumption as an accessory to a bar (Los Tres Potrillos Bar). Use permit required. 4) Use permit to allow a bar (Los Tres Potrillos Bar) exceeding 5,000 square feet in gross floor area located within 300 feet of a residential district. Use permit required.
Ordinance Sections:
623.D.151.a. 623.D.151.b. 623.D.151.c. 623.D.151.f.
Applicant:
Manuel Ruiz/Los Tres Potrillos
Representative:
Manuel Ruiz/Los Tres Potrillos
Owner:
Manuel Ruiz/E & R Enterprises
Approved/ Stip
16.
Application #:
ZA-498-08-4 – (Continued from September 16, 2008)
Existing Zoning:
R1-6 HP
Location:
2942 North 15th Avenue
Block Location:
2900 N. – 1500 W.
Quarter Section:
15-25
Proposal:
1) Variance to reduce the north side yard setback to 8 feet, 3 inches. Minimum 10-foot setback required. 2) Variance to reduce the side yard setback to 2 feet for a detached accessory structure in the north side yard. Minimum 3-foot setback required. 3) Variance to allow a detached structure 8 feet, 6 inches in height in required north side yard setback. Maximum of 8 feet allowed. 4) Variance to reduce the side yard setback to 2 feet, 4 inches for a detached accessory structure in the south side yard. Minimum 3-foot setback required. 5) Variance to allow a detached structure 10 feet, 3 inches in height in required south side yard setback. Maximum of 8 feet allowed.
Ordinance Sections:
Sec.613.B. Sec.706.B. Sec.706.B. Sec.706.B. Sec.706.B.
Applicant:
Juan M. Guteirrez w/ Rd Custom Plan
Representative:
Irene Perez
Owner:
Socorro Romero
STIPULATIONS:
1) Per plans submitted.
Denied
17.
Application #:
ZA-550-08-1 - (Continued from October 16, 2008)
Existing Zoning:
R1-8
Location:
3207 West Crocus Drive
Block Location:
3200 W.- 14200 N.
Quarter Section:
33-21
Proposal:
Variance to reduce side (east) setback to 3 feet. 10 feet required.
Ordinance Sections:
612.C. Table B
Applicant:
Hugo Mendoza, Garages and Portable Bldgs.
Representative:
Miguel Garcia, Garages Portable Bldgs.
Owner:
Ellen Floreani
ZONING ADJUSTMENT HEARING OFFICER WAS: FRANK DOLASINSKI, AICP
PLANNER WAS: CURT UPTON
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\Marked Agenda\2008 Marked Agendas\112008 ma.doc