Last Modified on 12/04/2008 08:08:46NOTICE 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 18, 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/ Stips
1.
Application #:
ZA-622-08-4
Existing Zoning:
C-2
Location:
935 North 43rd Avenue
Block Location:
900 N. – 4300 W.
Quarter Section:
11-19
Proposal:
Time extension for ZA-141-08-4, a use permit to allow the sales of alcoholic beverages as an accessory use to a convenience market within 300 feet of residential zoning.
Ordinance Sections:
622.D.95.a.
Applicant:
Fred Stern, Stern & Associates
Representative:
Fred Stern, Stern & Associates
Owner:
Zuhai Alhaig & Jamal Abdallah, Three J's
STIPULATIONS:
1) 1 year to apply for building permits.
2) Per site plan signed and dated by Zoning Adjustment Hearing Officer.
Approved/ Stips
2.
Application #:
ZA-624-08-4
Existing Zoning:
C-3, R1-6
Location:
3401 West McDowell Road
Block Location:
3400 W. – 1600 N.
Quarter Section:
12-21
Proposal:
Variance to reduce the required number of parking spaces to 20. 30 spaces required.
Ordinance Sections:
702.A.2.3.
Applicant:
Young Kim - Esquire Architecture & Planning, LLC
Representative:
Young Kim - Esquire Architecture & Planning, LLC
Owner:
Hong J. Im
STIPULATIONS:
1) No further removal of auto related uses.
2) No parking signs to be installed on the west side of 34th Avenue.
3) All appropriate permits to be applied for within 60 days.
Approved/ Stips
3.
Application #:
ZA-627-08-7
Existing Zoning:
A-2
Location:
2102 North 23rd Avenue
Block Location:
2100 N. – 2300 W.
Quarter Section:
13-23
Proposal:
Use permit to allow a dance hall. Use permit required.
Ordinance Sections:
624.D.40.
Applicant:
Chad Jaehnig - Sound Lighting F/X
Representative:
Chad Jaehnig - Sound Lighting F/X
Owner:
NRES - Newport Real Estate
STIPULATIONS:
1) No event will occur prior to 6:00 p.m. Monday through Friday.
2) Saturday and Sunday events may begin at Noon.
3) No events shall be later than 3:00 a.m. on any night.
4) Owner shall maintain a clean up crew that will maintain a 200 yard radius of the site after each event for litter and graffiti.
5) Security plan to be reviewed and approved by precinct commander.
6) Parking agreements to be kept in file.
7) All necessary permits to be applied for within 6 months.
Approved/ Stips
4.
Application #:
ZA-626-08-3
Existing Zoning:
C-2
Location:
15249 North 32nd Street, Suite B
Block Location:
15200 N. – 3200 E.
Quarter Section:
34-35
Proposal:
Use permit for package liquor sales within 300 feet of a residential zoning district. Use permit required.
Ordinance Sections:
622.D.95.a.
Applicant:
John Saro/Greenway Market
Representative:
John Saro/Greenway Market
Owner:
Jiries Rabadi
STIPULATIONS:
1) Property to be sufficiently lit on the exterior to discourage trespassing and loitering.
2) Authority to arrest be kept current on file with the police precinct.
3) No sales of smoking or drug paraphernalia.
4) Doors and windows to be kept free of advertising.
5) No single serving packages of alcohol to be sold.
Denied, as Filed
5.
Application #:
ZA-629-08-6
Existing Zoning:
RE-24, ACSPD
Location:
6031 East Calle Del Sud
Block Location:
6000 E. – 4100 N.
Quarter Section:
17-42
Proposal:
1) Variance to increase lot coverage to 37%. Maximum 25% allowed. 2) Variance to reduce side yard setback (south side) to 2 feet. Minimum 10 feet required.
Ordinance Sections:
606.B.5. 606.B.3.b.
Applicant:
Phil Schmidt w/ Urban Inc.
Representative:
Phil Schmidt w/ Urban Inc.
Owner:
David and Kim Paltzik
Item 1 – Approve lot coverage to 35%.
Items 1 and 2 – 6 months to apply for building permits.
Item 2 – Approve setback to 3 feet on the south side.
Continued
6.
Application #:
ZA-636-08-2
Existing Zoning:
R1-10 PCD NBCCPOD
Location:
1908 West Black Hill Road
Block Location:
1900 W. – 27500 N.
Quarter Section:
50-24
Proposal:
Variance to allow model homes (3) in other than the subdivision for which it is selling. Model homes must be located in the subdivision.
Ordinance Sections:
608.C.3.A.
Applicant:
Greg Glasgow - Pulte Homes
Representative:
Stephanie Kinsey
Owner:
Greg Glasgow - Pulte Homes
CONTINUED TO JANUARY 15, 2009 AT 3:30 P. M. WITHOUT FEE.
1:30 p.m.
Approved/ Stip
7.
Application #:
ZA-639-08-3 – (Sign)
Existing Zoning:
C-2 PCD
Location:
2201 West Bell Road
Block Location:
2200 W. – 17000 N.
Quarter Section:
36-24
Proposal:
Use permit for an electronic message board. Use permit required.
Ordinance Sections:
705.C.1.
Applicant:
David Baum/1st Choice Signs & Graphics
Representative:
David Baum/1st Choice Signs & Graphics
Owner:
Van Tuyl Group
STIPULATION:
1) 1 change every 20 minutes.
2) Message changes to be instantaneous.
Approved/ Stips
8.
Application #:
ZA-640-08-3 – (Sign)
Existing Zoning:
A-1
Location:
11211 North Black Canyon Highway
Block Location:
11200 N. – 2600 W.
Quarter Section:
29-23
Proposal:
Use permit to allow an electronic message board on an outdoor advertising structure. Use permit required.
Ordinance Sections:
705.2.A.19.
Applicant:
Tom LeClair/American Outdoor Advertising
Representative:
Michael Curley/Earl, Curley & Lagarde
Owner:
BRE/ESA P Portfolio, LLC
STIPULATIONS:
1) Copy changes shall be limited to frequencies of not less than 8 seconds.
2) Copy image shall be static with no animation and with no flashing, blinking or moving lights.
3) In the transition between copy changes, there shall be no sense of movement from one image to the next.
4) Dimmer on signs shall be set in evening hours (from sunset to 11:00 p.m.) not to exceed 300 nits.
5) From 11:00 p.m. until sunrise, all sign illumination shall be extinguished and sign shall be equipped with automatic device to ensure compliance.
6) Network time shall be made available on the digital sign faces to the City of Phoenix for emergency messaging – messages to override all copy for 1 hour then display for 8 seconds in every minute as long as needed.
7) Use shall be commenced within 12 months.
8) Review within 1 year from time of installation for compliance with industry standards for brightness.
9) Pole cover on the support column for the sign installed within 30 days.
Continued
9.
Application #:
ZA-621-08-6
Existing Zoning:
Pending R-0
Location:
4031 East Camelback Road
Block Location:
4000 E. – 5000 N.
Quarter Section:
18-37
Proposal:
1) Variance to reduce landscape setback along canal right-of-way to 3 feet. Minimum 10-foot wide landscape setback required. 2) Variance to allow parking and maneuvering in yard setback adjacent to a canal right-of-way. Not permitted. 3) Variance to reduce front yard (north side) building setback to 5 feet. Minimum 20-foot front yard required. 4) Variance to increase allowable building height to 29 feet. Maximum 25-foot building height allowed.
Ordinance Sections:
620.C.9. 620.C.9. 620.C.3. 620.C.7.
Applicant:
Jason Allen w/ Skyline Consultants
Representative:
Jason Allen w/ Skyline Consultants
Owner:
Mark Garlieb
CONTINUED TO JANUARY 15, 2009 AT 3:30 P.M. WITHOUT FEE.
Approved/ Stips
10.
Application #:
ZA-623-08-6
Existing Zoning:
C-2 PCD
Location:
1327 East Chandler Boulevard
Block Location:
1300 E. – 15600 S.
Quarter Section:
011-30
Proposal:
1) Use permit to allow outdoor dining accessory to a restaurant (Loco Patron). Use permit required. 2) Use permit to allow outdoor alcoholic beverage consumption accessory to a restaurant (Loco Patron). Use permit required.
Ordinance Sections:
623.D.152.c. 623.D.152.c.
Applicant:
Guadalupe Palomino
Representative:
Guadalupe Palomino
Owner:
Foothills LLC
STIPULATIONS:
1) Hours of outdoor dining 11:00 a.m. to 2:00 a.m.
2) Employees must have a clear view of area or be present when outdoor area is in use to supervise activities.
3) No outdoor music or entertainment.
4) Area be sufficiently lit to discourage any and all unlawful acts.
2:30 p.m.
Approved
11.
Application #:
ZA-641-08-2 – (Sign)
Existing Zoning:
C-2
Location:
4705 East Carefree Highway
Block Location:
4700 E. – 34600 N.
Quarter Section:
58-38
Proposal:
Use permit for a major amendment to the Shops at Dove Valley Comprehensive Sign Plan. Use permit required.
Ordinance Sections:
705.E.2.d.(2)
Applicant:
Irwin Pasternack
Representative:
Dick Presto/Irwin Pasternack
Owner:
PK Development
Denied
12.
Application #:
ZA-575-08-5
Existing Zoning:
R1-6
Location:
2825 West Maryland Avenue
Block Location:
2800 W. – 6500 N.
Quarter Section:
21-22
Proposal:
1) Variance to allow a 6-foot high fence within the required front yard setback. Maximum 40 inches allowed. 2) Variance to allow an above ground swimming pool within the required front yard setback. Swimming pools are not permitted within the required front yard setback.
Ordinance Sections:
703.A.2. 706.A.
Applicant:
Lori A. Ogden
Representative:
Lori A. Ogden
Owner:
Lori A. Ogden
Denied
13.
Application #:
ZA-625-08-5
Existing Zoning:
C-2
Location:
4150 North 35th Avenue
Block Location:
4100 N. – 3500 W.
Quarter Section:
17-20
Proposal:
1) Variance to allow a drive-through window for sale of alcohol within 300 feet of a residential district. Minimum 300 feet required for drive-through with alcohol sales. 2) Use permit to allow a drive-through facility for sale of food on a lot within 300 feet of a residential district. Use permit required.
Ordinance Sections:
622.D.95.b. 623.D.152.d.ii.
Applicant:
Theresa Morse
Representative:
Theresa Morse
Owner:
Albert Odesho w/ Quality Gasoline Inc.
Denied
14.
Application #:
ZA-637-08-7
Existing Zoning:
C-3
Location:
2640 West Adams Street
Block Location:
2600 W. – 100 N.
Quarter Section:
10-23
Proposal:
1) Use permit to allow live music accessory to a bar (El Nuevo Noa Noa). Use permit required. 2) Use permit to allow patron dancing accessory to a bar (El Nuevo Noa Noa). Use permit required.
Ordinance Sections:
623.D.152.a. 622.D.152.b.
Applicant:
Alex Corvarrubias
Representative:
Alex Corvarrubias
Owner:
Onofre A. Saenz
Approved/ Stips
15.
Application #:
ZA-562-08-4 – (Continued from October 23, 2008)
Existing Zoning:
C-2 TOD-1
Location:
111 East Camelback Road
Block Location:
100 E. – 5000 N.
Quarter Section:
18-28
Proposal:
1) Use permit to allow outdoor dining as an accessory use to a restaurant (St. Francis Place). Use permit required. 2) Use permit to allow outdoor alcoholic beverage consumption as an accessory use to a restaurant (St. Francis Place). Use permit required. 3) Use permit to allow outdoor recreational uses within the TOD Overlay District One (TOD-1). Use permit required. 4) Use permit to reduce the applicable parking requirement by 13% within the Infill Development Incentive District. Use permit required.
Ordinance Sections:
623.D.152.c. 623.D.152.c. 662.F.5. 702.A.5.g.(2)
Applicant:
Aaron Chamberlin - Cannon's Cookery LLC
Representative:
Aaron Chamberlin - Cannon's Cookery LLC
Owner:
Peter Makaus - MCP Investments LLC
STIPULATIONS:
1) Employees must have a clear view of the outdoor area to supervise activities.
2) Area to be sufficiently lit to discourage any and all unlawful activities.
3) Per site plan signed and dated by Zoning Adjustment Hearing Officer.
4) Security plan to be approved by precinct commander.
5) Hours for outdoor area to cease at 10:00 p.m. Sunday through Thursday and 11:00 p.m. Friday and Saturday.
6) No loud speakers or live entertainment in outdoor area.
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 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\111808 ma.doc