Last Modified on 07/02/2009 15:47:15NOTICE 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 May 7, 2009 at 12:00 p.m. located in City Council Chambers, 200 West Jefferson Street, Phoenix, Arizona.
The results of the meeting were as follows:
(ZAHO = Zoning Adjustment Hearing Officer)
RESULTS
A.
Approval of minutes
Approved
Approval of March 5, 2009 and April 2, 2009 minutes.
(Gaynor/Saul – Vote of 4-0 (Davis, Tauber, Ford absent))
See Item
#s 1,
4 & 5
B.
Requests for Continuance, Withdrawal, and/or Reconsideration
Item #1 was continued to June 4, 2009.
(Saul/Thornham – Vote of 4-0 (Davis, Tauber, Ford absent))
Request to continue items #4 & #5 was denied.
(Saul/Gaynor -Vote of 4-0. (Davis, Tauber, Ford absent))
C.
Items for Consideration
Continued
1.
Application #:
ZA-615-08-3 (Sign) (Continued from April 2, 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 June 4, 2009.
(Saul/Thornham – Vote of 4-0 (Davis, Tauber, Ford absent))
Overturned ZAHO
2.
Application #:
ZA-16-09-06
Existing Zoning:
R1-10
Location:
4729 North 40th Street
Proposal:
Variance to allow an overheight fence of 6 feet in the front yard setback. Maximum 40 inches permitted.
Ordinance Sections:
703.A.2
Applicant:
Carol Conway
Representative:
Carol Conway
Owner:
Carol Conway
Appellant:
Carol Conway
Overturned the ZAHO’s denial and approved with a stipulation.
Stipulation:
1) 6 months to obtain building permits.
((Saul/Gaynor – Vote 4-0 (Davis, Tauber, Ford absent))
#1 Upheld ZAHO
#2 Overturned ZAHO
3.
Application #:
ZA-26-09-1 (Sign)
Existing Zoning:
A-1 M-R
Location:
2335 West Pinnacle Peak Road
Proposal:
1) Use permit for a major amendment to the Corridors Comprehensive Sign Plan to add high-rise wall signs. Use permit required. 2) Variance in conjunction with a major amendment to a Comprehensive Sign Plan to increase the sign area of a high rise sign to 185 square feet. Maximum sign area allowed 67 square feet.
Ordinance Sections:
705.D.3.i.(4) 705.D.3.i.(1)
Applicant:
Adam Baugh / Withey Morris
Representative:
Adam Baugh / Withey Morris
Owner:
Joe Pereles / Drury Southwest Inc.
Appellant:
Adam Baugh / Withey Morris, PLC
#1 Upheld ZAHO’s approval of use permit.
#2 Overturned ZAHO’s denial and approved variance with an area limit of 179 square feet.
(Paul/Saul – Vote of 4-0. (Davis, Tauber, Ford absent))
Upheld ZAHO with modified stipulation #1
4.
Application #:
ZA-40-09-8 (Sign)
Existing Zoning:
A-2 RSIOD ANIZO
Location:
1335 East Maricopa Freeway
Proposal:
1) Use permit to alter structurally a non-conforming outdoor advertising structure. Use permit required. 2) Use permit to allow an electronic message board on an outdoor advertising structure. Use permit required.
Ordinance Sections:
705.2.D.4 705.2.A.19
Applicant:
Clear Channel Outdoor
Representative:
Stephen Earl / Earl, Curley & Lagarde P.C.
Owner:
Arthur Zepeda & Sonia Lozano
Appellant:
Paul Barnes / Neighborhood Coalition of Greater Phoenix
Upheld ZAHO’s approval and stipulations except with a modification to stipulation #1 to change the review date.
Stipulations:
1) Review sign in 1 year for compliance with industry standards for brightness (May 6, 2010 at 3:30 p.m.).
2) Copy changes shall be limited to frequencies of not less than 8 seconds.
3) Copy image shall be static with no animation and with no flashing, blinking or moving lights.
4) In the transition between copy changes, there shall be no sense of movement from one image to the next.
5) Dimmer on sign shall be set in evening hours (from sunset to 11:00 p.m.) not to exceed 300 nits to ensure compliance with current ordinance standards for illumination.
6) From 11:00 p.m. until sunrise, all sign illumination shall be extinguished and sign shall be equipped with automatic device to assure compliance. The only exception to this stipulation will be for amber alerts and other governmental emergencies under stipulation #7.
7) Network time shall be made available on the digital sign faces to the City of Phoenix for emergency messaging – messaging to override all copy for one hour, then display for 8 seconds in every minute as long as needed.
8) 18 months to apply for permits.
9) Billboard at Jefferson and 7th Street to be removed.
10) Add landscaping at base and pole cover.
(Paul/Thornham - Vote of 4-0. (Davis, Tauber, Ford absent))
Upheld ZAHO with modified stipulation #1
5.
Application #:
ZA-41-09-7 (Sign)
Existing Zoning:
A-2
Location:
2421 West Cypress Street
Proposal:
Use permit to allow an electronic message board on an outdoor advertising structure. Use permit required.
Ordinance Sections:
705.2.A.19
Applicant:
Clear Channel Outdoor
Representative:
Stephen Earl / Earl, Curley & Lagarde, P.C
Owner:
Arizona Brake & Clutch Supply, Inc.
Appellant:
Paul Barnes / Neighborhood Coalition of Greater Phoenix
Upheld ZAHO’s approval and stipulations except with a modification to stipulation #1 to change the review date.
Stipulations:
1) Review sign in 1 year for compliance with industry standards for brightness (May 6, 2010 at 3:30 p.m.).
2) Copy changes shall be limited to frequencies of not less than 8 seconds.
3) Copy image shall be static with no animation and with no flashing, blinking or moving lights.
4) In the transition between copy changes, there shall be no sense of movement from one image to the next.
5) Dimmer on sign shall be set in evening hours (from sunset to 11:00 p.m.) not to exceed 300 nits to ensure compliance with current ordinance standards for illumination.
6) From 11:00 p.m. until sunrise, all sign illumination shall be extinguished and sign shall be equipped with automatic device to assure compliance. The only exception to this stipulation will be for amber alerts and other governmental emergencies under stipulation #7.
7) Network time shall be made available on the digital sign faces to the City of Phoenix for emergency messaging – messaging to override all copy for one hour, then display for 8 seconds in every minute as long as needed.
8) 18 months to apply for permits.
(Paul/Saul - Vote of 4-0. (Davis, Tauber, Ford absent))
Overturned ZAHO
6.
Application #:
ZA-76-09-6
Existing Zoning:
R1-14
Location:
4320 East Buena Terra Way
Proposal:
1) Variance to increase lot coverage to 38%. Maximum 25% permitted. 2) Variance to allow a closed projection into the required front yard for more than 5 feet (9 feet total) for no more than one-half the maximum width of the house. Maximum 5 foot projection permitted. 3) Variance to construct a 6 foot wall in the required front yard. Maximum 40 inches permitted.
Ordinance Sections:
607.B.5 701.A.3.(a).(2) 703.A.2.a
Applicant:
Robert Klob
Representative:
Robert Klob
Owner:
John and Chris Weeding
Appellant:
Ted Crowley / Marion Estates Homeowners Association
Overturned the ZAHO’s approval and denied all variances.
(Paul/Saul - Vote of 3-1 (Gaynor) (Davis, Tauber, Ford absent))
Upheld ZAHO with stipulations
7.
Application #:
ZA-75-09-8
Existing Zoning:
R-3
Location:
Northwest corner of North 44th Street and East Papago Freeway
Proposal:
Use permit to exceed temporary standards (Construction staging area for one year). Use permit required.
Ordinance Sections:
708
Applicant:
Colby Elmore / Kiewit/Sundt JV
Representative:
Colby Elmore / Kiewit/Sundt JV
Owner:
Olen Properties
Appellant:
Michael Withey / Withey Morris, PLC
Upheld the ZAHO’s approval with stipulations.
Stipulations:
1) The temporary construction staging area shall be developed in general conformance with the site plan dated April 20, 2009.
2) The temporary office trailers and fuel storage tank shall be moved beyond 330 feet west of 44th Street as shown on the site plan dated April 20, 2009.
3) A 40 foot buffer area shall remain vacant on the north side of the property, to a depth of 330 feet west of 44th Street.
4) No aggregate, dirt, gravel, construction waste or piles of materials shall be stored on the property within 330 feet of 44th Street.
5) No storage of materials, equipment, etc. shall be taller than 6 feet within 330 feet of 44th Street.
6) All lighting on the property shall be shielded to prohibit direct light to the north.
7) The existing wall on the north side of the property within 330 of 44th Street shall remain in place. The Applicant shall provide repairs and/or repainting to the existing wall, if necessary.
8) No mixing, assembling, or manufacture of materials shall be permitted on the property.
9) No vehicles shall use or enter the property located at 1048 North 44th Street, Phoenix, Arizona 85008.
10) Applicant shall comply with City of Phoenix dust control ordinances.
(Saul/Thornham – Vote of 4-0 (Davis, Tauber and Ford absent))
D.
Other Business
No action
8.
Update on pending appeals of the Board of Adjustment.
No action
9.
Q & A: Procedure and Process - Board Adjustment Case law.
No action
10.
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 regarding any of the above items A - D.
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.
May 8, 2009