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NOTICE 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 July 17, 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-368-08-6
Existing Zoning:
RE-35 ACSPD
Location:
4931 East White Gates Drive
Block Location:
4900 E. 5200 N.
Quarter Section:
19-39
Proposal:
Variance to increase the square footage of a guesthouse to 1,105 square feet. Maximum size allowed 900 square feet.
Ordinance Sections:
609.C.2.
Applicant:
Phillip A. McCreary
Representative:
Phillip A. McCreary
Owner:
Phillip A. McCreary
STIPULATION:
1) Per the site plan submitted, signed and dated July 17, 2008.
Approved
2.
Application #:
ZA-369-08-6
Existing Zoning:
C-2
Location:
4126 East Indian School Road
Block Location:
4100 E. 4100 N.
Quarter Section:
17-37
Proposal:
1) Use permit to operate a pet care facility. Use permit required. 2) Variance to locate a building or exercise run within 100 feet of a lot line abutting a residential district. Variance required.
Ordinance Sections:
623.D.130.1. 623.D.130.1.d.
Applicant:
Adam Baugh, Withey Morris
Representative:
Adam Baugh, Withey Morris
Owner:
Jackie Brenda, DogMo
Denied
3.
Application #:
ZA-372-08-4
Existing Zoning:
C-2
Location:
3816 North 7th Street
Block Location:
3800 N. 700 E.
Quarter Section:
16-28
Proposal:
Variance to reduce the number of required parking spaces to 69. 92 parking spaces required.
Ordinance Sections:
702.A.3.Table
Applicant:
Alexander Jacinto/Robert Kubicek Architect
Representative:
Alexander Jacinto/Robert Kubicek Architect
Owner:
Jim Rockwell
Approved/ Stip
4.
Application #:
ZA-373-08-5
Existing Zoning:
CP/BP
Location:
2235 West Alice Avenue
Block Location:
2200 W. 8750 N.
Quarter Section:
26-24
Proposal:
Variance to allow a 6-foot fence 17 feet from the west property line. Maximum height allowed 40 inches for the perimeter boundary (southwest portion).
Ordinance Sections:
703.A.3.a.
Applicant:
Gary McMillion
Representative:
Gary McMillion
Owner:
Jewish Voice Ministries
STIPULATION:
1) The proposed wrought iron fence shall be located immediately adjacent to the existing curb of the driveway, approximately 17 to 18 feet behind the property line.
Approved
5.
Application #:
ZA-377-08-1
Existing Zoning:
CP/BP
Location:
22225 North 29th Avenue, #201
Block Location:
22000 N. 2900 W.
Quarter Section:
43-22
Proposal:
Variance to reduce the street side setback for an interior lot line on a street to 12 feet. Minimum 30 feet required.
Ordinance Sections:
626.H.Table
Applicant:
Jason G. Miller
Representative:
Jason G. Miller
Owner:
Local Union 387 Electrical Workers Build
Approved/ Stips
6.
Application #:
ZA-378-08-6
Existing Zoning:
R1-10
Location:
7229 North 11th Avenue
Block Location:
7200 N. 1100 W.
Quarter Section:
23-26
Proposal:
Variance to reduce side setback to 0 feet. Minimum 10 feet required.
Ordinance Sections:
609.B Table
Applicant:
John Gregg
Representative:
Antonio Desilva
Owner:
John Gregg
STIPULATIONS:
1) For the conversion of the carport into a garage on the south side of the property (along Northview Avenue).
2) Encroachment into the right-of-way shall be given permission by the Streets Department or have the fascia removed back to property line.
1:30 p.m.
Continued
7.
Application #:
ZA-217-08-8 (Sign)
Existing Zoning:
A-1
Location:
2113 East Sky Harbor Circle
Block Location:
2100 E. 1600 S.
Quarter Section:
8-32
Proposal:
1) Variance to allow an outdoor advertising structure within a redevelopment area designated by the City of Phoenix. Variance required. 2) Variance to allow an outdoor advertising structure on the inner loop of the I-10. Outdoor advertising structures shall be located within 300 of the mainline of I-10 from the end of I-17 to the eastern City limits. Variance required.
Ordinance Sections:
705.2.A.7.d. 705.2.A.15.
Applicant:
CBS Outdoor
Representative:
Martin Aronson/Morrill & Aronson, PLC
Owner:
Gannon Arizona Realty, LLC
CONTINUED TO AUGUST 21, 2008 AT 3:30 P.M. WITH FEE.
Approved
8.
Application #:
ZA-367-08-6
Existing Zoning:
R1-6
Location:
1111 East Stella Lane
Block Location:
1100 E. 6400 N.
Quarter Section:
21-29
Proposal:
Variance to increase lot coverage to 48.6%. 40% maximum allowed.
Ordinance Sections:
613.B.Table B
Applicant:
Jose Avila
Representative:
Jose Avila
Owner:
Jose Avila
Continued
9.
Application #:
ZA-375-08-8
Existing Zoning:
DC
Location:
30 North 1st Street
Block Location:
30 N. 100 E.
Quarter Section:
10-28
Proposal:
1) Variance to reduce the required setback for the 1st floor to 16 feet. Minimum 20 feet required. 2) Variance to reduce the required setback for the 2nd floor to 0 feet. Minimum 20 feet required. 3) Variance to reduce the required arcade width to 8 feet. Minimum 12 feet required. 4) Variance to delete the requirement that street tree improvements shall be made. Street tree improvements required. 5) Variance to reduce the required parking space width to 9 feet. 9 feet, 6 inches required. 6) Variance to delete the requirement for an off-street loading bay. 1 off-street loading bay required.
Ordinance Sections:
643.E.2.b.(1) 643.E.2.b.(1) 643.J.5.a. 643.J.5.c. 702.A.2.b.(2).A. 643.F.1.b.
Applicant:
Jon Hanna/Whitneyball Perry Inc.
Representative:
Jon Hanna/Whitneyball Perry Inc.
Owner:
David J Mackenzie/Copperpoint Development
CONTINUED TO JULY 24, 2008 AT 3:30 P.M. WITH FEE.
Approved/ Stips
10.
Application #:
ZA-382-08-3
Existing Zoning:
C-2
Location:
9832 North 7th Street
Block Location:
9800 N. 700 E.
Quarter Section:
28-28
Proposal:
Use permit to allow outdoor dining as an accessory use to a restaurant (Scramble). Use permit required.
Ordinance Sections:
623.D.152.c.
Applicant:
Dennis Alexander & Don Talbot - Scramble
Representative:
Tony DeFabritis - D.T. Design
Owner:
Robert Ferdinad
STIPULATIONS:
1) Per plan submitted, signed and dated July 17, 2008.
2) Hours of operation from 6:00 a.m. to 6:00 p.m., 7 days a week.
2:30 p.m.
Denied
11.
Application #:
ZA-371-08-4
Existing Zoning:
R1-6
Location:
4322 West Monterey Way
Block Location:
4300 W. 3250 N.
Quarter Section:
15-18
Proposal:
Variance to reduce the front yard (Monterey Way) setback to 11 feet. 20 feet required.
Ordinance Sections:
613.B. Table B
Applicant:
Thelma Nazionale
Representative:
Thelma Nazionale
Owner:
David & Thelma Nazionale
Approved/ Stip
12.
Application #:
ZA-376-08-6
Existing Zoning:
C-1
Location:
5002 East Warner Road
Block Location:
5000 E. 12400 S.
Quarter Section:
07-39
Proposal:
Variance to allow an over height fence (60 feet). Maximum 6 feet required.
Ordinance Sections:
703.A.1.a.
Applicant:
Brian Schroder, Apex Custom Homes
Representative:
Silvio Vaninetti, Phoenix Fire Department
Owner:
City of Phoenix (Fire Station #38)
STIPULATION:
1) Per the site plan submitted, signed and dated July 17, 2008.
Withdrawn
13.
Application #:
ZA-379-08-2
Existing Zoning:
RE-24
Location:
6740 East Voltaire Avenue
Block Location:
6700 E. 13700 N.
Quarter Section:
32-43
Proposal:
1) Variance to increase the lot coverage to 36%. Maximum lot coverage 25% required. 2) Variance to allow an over height fence (7 feet, 8 inches) in the front yard. Maximum 40-inch fence allowed.
Ordinance Sections:
606.B.5. 703.A.2.a.
Applicant:
Richard McDonald
Representative:
Bill Dougherty/Citywide Builders
Owner:
Richard McDonald
Continued
14.
Application #:
ZA-381-08-3
Existing Zoning:
R1-6
Location:
13041 North 18th Place
Block Location:
13000 N. 1800 E.
Quarter Section:
32-31
Proposal:
1) Variance to increase the lot coverage to 47%. Maximum 40% allowed. 2) Variance to reduce the side yard setback (south) to 7 feet. Minimum 10 feet required.
Ordinance Sections:
613.B.Table B 613.B. Table B
Applicant:
Albert & Lynn Reach
Representative:
Marlyn E. Reamy
Owner:
Albert & Lynn Reach
CONTINUED TO SEPTEMBER 4, 2008 AT 3:30 P.M. WITH FEE.
3:30 p.m.
Approved/ Stip
15.
Application #:
ZA-298-08-2 (Sign) (Continued from June 5, 2008)
Existing Zoning:
S-1
Location:
32648 North Cave Creek Road
Block Location:
32600 N. 4000 E.
Quarter Section:
56-39
Proposal:
Variance to allow wall signs for a non-residential use in a residential district to be placed at 19 feet high where 15 feet is the maximum allowed. Variance required.
Ordinance Sections:
705.D. Table D-1
Applicant:
Denny Collins/Precise Signs
Representative:
Denny Collins/Precise Signs
Owner:
St. Gabriel's Catholic Church
STIPULATIONS:
1) If trees are trimmed significantly enough to cause death the tree will be replaced with the same type of tree, as approved by the Development Services Department.
Approved
16.
Application #:
ZA-104-07-7 (1-Year Review) (Continued from March 6, 2008)
Existing Zoning:
App. C-2 PCD
Location:
8301 West Encanto Boulevard
Block Location:
8300 W. 2300 N.
Quarter Section:
13-8
Proposal:
Use permit to allow an open car wash in a C-2 district. Use permit required.
Ordinance Sections:
623.D.39.
Applicant:
Michael Scarbrough/Quick N Clean
Representative:
Michael Scarbrough/Quick N Clean
Owner:
Adrian Evarkiou/Orsett Properties, LTD
Approved/ Stip
17.
Application #:
ZA-544-05-4 (30-Month Review) (Continued from May 29, 2008)
Existing Zoning:
C-2
Location:
5201 North Central Avenue
Block Location:
5200 N. 0
Quarter Section:
19-28
Proposal:
Variance to allow an over height fence of 6 feet in the required front. Maximum height of 3 feet allowed.
Ordinance Sections:
703.A.2.(a)
Applicant:
Geno Mammini, Miller Brooks Environmental
Representative:
Britt Callahan, Miller Brooks Environmental
Owner:
Mike Beasley, Shell Oil Products US
STIPULATION:
1) Fence can continue to remain at site until environmental remediation is complete.
ZONING ADJUSTMENT HEARING OFFICER WAS: FRANK DOLASINSKI
PLANNER WAS: CRAIG MAVIS
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\071708 ma.doc
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