ZONING ADJUSTMENT HEARING OFFICER CITY OF PHOENIX …

NOTICE OF RESULTS ZONING ADJUSTMENT HEARING

Revised 11/19/18

Pursuant to A.R.S. Section 38-431.02, notice is hereby given to the ZONING ADJUSTMENT HEARING OFFICER and to the general public, that the CITY OF PHOENIX ZONING ADJUSTMENT HEARING OFFICER held a meeting open to the public on October 25, 2018, at 9:00 a.m. located in Room C, Phoenix City Hall, 200 West Washington Street, First Floor, Phoenix, Arizona.

Notes: 1. Agenda items may be taken out of order. 2. Anyone wishing to address an agenda item must complete a speaker card. 3. Comments may be limited due to time constraints and to ensure all viewpoints are heard.

The results of the meeting were as follows:

RESULTS Approved 1.

w/stips

9:00 am

Application #:

ZA-485-18-6

Existing Zoning:

R1-10

Location:

5939 East Orange Blossom Lane

Quarter Section:

15-41(G11)

Proposal:

Variance to reduce the required rear yard setback (on

the 60th Street side) to 10 feet. Minimum 25 feet

required.

Ordinance Sections: 611.B

Applicant:

Ben Hawkins, Orange Blossom House 3, LLC

Representative:

Ben Hawkins, Orange Blossom House 3, LLC

Owner:

Orange Blossom House 3, LLC

Stipulations:

1) Per site plan submitted.

2) 6 months to apply and pay for building permits.

Approved 2. w/stips

Application #:

ZA-486-18-6

Existing Zoning:

R1-10

Location:

5939 East Orange Blossom Lane

Quarter Section:

15-41(G11)

Proposal:

Variance to reduce the required rear yard setback (on

the 60th Street side) to 10 feet. Minimum 25 feet

required.

Ordinance Sections: 611.B

Applicant:

Ben Hawkins, Orange Blossom House 2, LLC

Representative:

Ben Hawkins, Orange Blossom House 2, LLC

Owner:

Orange Blossom House 2, LLC

Stipulations:

1) Per site plan submitted.

2) 6 months to apply and pay for building permits.

Approved 3. w/stips

Approved 4. w/stips

Application #:

ZA-487-18-8

Existing Zoning:

R-5 SP, Pending C-2

Location:

755 East Willetta Street

Quarter Section:

12-29(G8)

Proposal:

1) Variance to reduce landscaped setback (north) to 4

feet, with an average of 10 feet. Minimum 20 feet

required, with an average of 30 feet. 2) Variance to

reduce the building setback (north) to 10 feet average

and 4 feet minimum. 25 feet average, with minimum of

20 feet permitted for up to 50% of the

structure. 3) Variance to reduce rear (south) landscape

setback to 0 feet when not adjacent to a street.

Minimum 10 feet required. 4) Variance to reduce the

rear (south) building setback to 25 feet. Minimum 48

feet required for three story building.

Ordinance Sections: 623.E.4.e 623.E.4.d 623.E.4.e 623.E.4.d

Applicant:

Steve Eiss, Banner Health, An Arizona Nonprofit Corp.

Representative:

Sterling Margetts, Kimley-Horn and Associates, Inc.

Owner:

Steve Eiss, Banner Health, An Arizona Nonprofit Corp.

Stipulations:

1) 1 year to apply and pay for building permits

2) General conformance to site plan dated September 19, 2018.

Application #:

ZA-488-18-6

Existing Zoning:

C-2

Location:

4909 East Chandler Boulevard

Quarter Section:

011-39(A11)

Proposal:

1) Use permit to allow outdoor dining as an accessory to

a restaurant (Frank & Lupe's) within 500 feet of a

residential district. Use permit required if located within

500 feet of a residential district. 2) Use permit to allow

outdoor alcoholic beverage consumption as an

accessory to a restaurant (Frank & Lupe's) within 500

feet of a residential district. Use permit required if

located within 500 feet of a residential district.

Ordinance Sections: 623.D.157.c 623.D.157.c

Applicant:

Teddy Bernal, Frank and Lupes IV, LLC

Representative:

Teddy Bernal, Frank and Lupes IV, LLC

Owner:

AHP Plaza, LLC

Stipulations:

1) 6 months to apply and pay for building permits.

2) Outdoor hours 11:00am to 9:00pm.

Approved 5. w/stip

Approved 6. w/stips

Approved 7. w/stip

Application #:

ZA-489-18-3

Existing Zoning:

R1-10

Location:

315 West Southern Hills Road

Quarter Section:

32-27(L8)

Proposal:

Variance to reduce the required side yard setback (east)

to 5 feet. Minimum 10 feet required.

Ordinance Sections: 611.B. Table B

Applicant:

Tim and Jodi Peruch

Representative:

Tim and Jodi Peruch

Owner:

Tim and Jodi Peruch

Stipulation:

1) 6 months to apply and pay for building permits.

Application #:

ZA-490-18-2

Existing Zoning:

R1-6

Location:

3419 East Janice Way Phoenix, AZ 85032

Quarter Section:

34-35(L10)

Proposal:

1) Variance to allow a lot width of 45 feet. Minimum 60

feet required. 2) Use permit to allow a closed projection

7 feet into the rear yard. Use permit required for closed

projection more than 5 feet.

Ordinance Sections: 613. B Table B 701.A.3.a.(2).(d)

Applicant:

Alma Uzarraga RD Design

Representative:

Jesse Santana

Owner:

Jesse Santana

Stipulations:

1) 1 year to apply and pay for building permits.

2) Per site plan submitted.

Application #:

ZA-491-18-4

Existing Zoning:

C-1

Location:

2234 North 7th Street

Quarter Section:

13-28(G8)

Proposal:

Use permit to allow sales of alcoholic beverages as an

accessory use to a restaurant (Thai Recipe Bistro). Use

permit required.

Ordinance Sections: 622.D.150.a

Applicant:

Janitma Voraprechapanich, Thai Recipe Bistro, LLC

Representative:

Janitma Voraprechapanich, Thai Recipe Bistro, LLC

Owner:

Dhanuttkn Voraprechapanich, Twin P Holdings, LLC

Stipulation:

1) 6 months to commence use.

Approved 8. w/stips

Application #:

ZA-441-13-4 (6 Month Review)

Existing Zoning:

A-2

Location:

2639 North 31st Avenue

Quarter Section:

14-22(G7)

Proposal:

1) Use Permit to allow a medical marijuana cultivation

facility in the A-2 zoning district. 2) Use Permit to allow

a medical marijuana infusion facility in the A-2 zoning

district 3) Variance to allow a medical marijuana

cultivation facility within 5,280 feet of another medical

marijuana facility.

Ordinance Sections: 627.D.91.a 627.D.93.a 627.D.91.c

Applicant:

Capital Care Connections

Representative:

Capital Care Connections

Steve Yurek, FWA, Inc.

Owner:

Tenbar, Inc.

Stipulations:

1) The Use Permit shall be reviewed within 365 days of the issuance of the

dispensary certificate for a medical marijuana use or approval to operate

the cultivation and/or infusion from the Arizona Department of Health

Services.

2) The applicant has 1 year to apply and pay for building permits.

3) Obtain a certificate for medical marijuana use from the Arizona

Department of Health Services or approval to operate. If no certificate or

approval to operate is granted within 180 days of the approval of this

Variance/Use Permit, the Zoning Administrator shall schedule a

revocation hearing for this Use Permit.

4) The applicant shall submit a security plan provided to the Arizona

Department of Health Services to the Planning and Development

Department.

5) The applicant shall notify in writing the area's Police Precinct Commander

of establishing such facility. Notice of this contact shall be submitted in

writing to the Planning and Development Department.

6) Applicant shall install and maintain per manufacturer's specifications an

odor control system within 180 days of today's hearing. Applicant shall

submit an odor control plan identifying contact person for odor complaints

to the Planning and Development Department.

7) Applicant shall notify the Planning and Development Department in

writing within 30 days of when there is a change in the operator or

entity's name.

8) Review in 3 months to ensure odor control system has been installed and

approved.

Approved 9. w/stips

1:30 PM

Application #:

ZA-492-18-6

Existing Zoning:

R1-14

Location:

6139 East Calle Tuberia

Quarter Section:

16-42(H12)

Proposal:

Variance to reduce the required front yard setback

(east) to 15 feet. Minimum 30 feet required.

Ordinance Sections: 606.B.2

Applicant:

Natasha Hartrick, Natasha Marie Hartrick Designs,

PLLC

Representative:

Natasha Hartrick, Natasha Marie Hartrick Designs,

PLLC

Owner:

Bryce & Heather Terveen

Stipulations:

1) 3 months to apply and pay for building permits.

2) Per site plan submitted.

Approved w/stip

10. Application #:

ZA-493-18-2

Existing Zoning:

PUD PCD

Location:

7000 East Mayo Drive

Quarter Section:

39-43(M12)

39-44(M12)

Proposal:

Use permit to allow a pet care facility. Use permit

required.

Ordinance Sections: 622.D.131.a

Applicant:

Carolyn Oberholtzer, Bergin Frakes Smalley

Oberholtzer PLLC

Representative:

Carolyn Oberholtzer, Bergin Frakes Smalley

Oberholtzer, PLLC

Owner:

101 & Scottsdale, LLC c/o YAM Properties

Stipulation:

1) 6 months to apply and pay for building permits.

Approved w/stip

11. Application #: Existing Zoning: Location:

Quarter Section: Proposal:

Ordinance Sections: Applicant: Representative: Owner:

ZA-494-18-5 R1-6 Northeast corner of 31st Avenue and Orangewood Avenue 24-22(J7) Use permit to change the development standards from a conventional subdivision standard to a Planned Residential Development Standard to modify the side yard setbacks. Use permit required. 613.B.Table A John Fox William, Seymour Co. John Fox William, Seymour Co. William Hankerson, Orangewood Homes, LLC

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