PDF NOTICE OF PUBLIC MEETING
NOTICE OF RESULTS ZONING ADJUSTMENT HEARING
Pursuant 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 will hold a meeting open to the public on August 9, 2018, at 9:00 a.m. located in Assembly 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 agenda for the meeting is as follows:
RESULTS Approved w/ stips
9:00 AM
1. Application #:
ZA-321-18-5
Existing Zoning:
R1-6, R-5, C-1, R-4 SP, R-5 SP
Location:
1610 West Glendale Avenue
Quarter Section:
23-25(I7)
Proposal:
Use permit to use the PRD development
option. Use permit required.
Ordinance Sections: 613.B.Table B
Applicant:
Scott Mardian, Beatitudes Campus
Representative:
Mike Kolejka, Orcutt Winslow
Owner:
Beatitudes Campus
Stipulations:
1) Previous stipulations remain in place.
2) 6 months to apply and pay for building permits.
Approved
2. Application #: Existing Zoning: Location: Quarter Section: Proposal:
Ordinance Sections: Applicant: Representative: Owner:
ZA-328-18-6 R1-18 5854 North 42nd Street 20-37(I10) Variance to allow 37% lot coverage. Maximum 30% allowed 610.B Drew Nelson, ADN Drafting Patrick Corbin Patrick Corbin
Approved w/ stip
3. Application #: Existing Zoning: Location:
ZA-331-18-4 C-1 1832 East Thomas Road
Approved w/ stip
Approved w/ stips
Quarter Section:
15-31(G9)
Proposal:
1) Use permit to allow outdoor dining as
an accessory use to a restaurant. Use
permit required. 2) Use permit to allow
a drive-through facility within 300 feet of
a residential district line. Use permit
required. 3) Variance to reduce the
required street side building setback
(east) to 15 feet. Minimum 25 feet
required. 4) Variance to reduce the
required street side (east) landscaped
setback to 15 feet. Average of 25 feet
and minimum of 20 feet required.
Ordinance Sections: 622.D.150.d 622.D.150.e.(2) 622.E.4.d
622.E.4.e
Applicant:
Jonathan Ammon, Jammonstudios, LLC
Representative:
Jonathan Ammon, Jammonstudios, LLC
Owner:
Aaron Klusman, Klusman Family
Holdings
Stipulation:
1) One year to apply and pay for building permits.
4. Application #:
ZA-333-18-4
Existing Zoning:
R-3
Location:
4221 North 20th Street
Quarter Section:
17-32(H9)
Proposal:
1) Variance to reduce the street side
(west) landscape setback to 0. Minimum
25 feet required. 2) Variance to reduce
the rear (east) landscape setback to 0.
Minimum 5 feet required.
Ordinance Sections: 703.B.3.a 703.B.3.b
Applicant:
Robert Lepore, RLeporeArchitecture,
LLC
Representative:
Robert Lepore, RLeporeArchitecture,
LLC
Owner:
4221 20th Street, LLC
Stipulation:
1) One year to apply and pay for building permits.
5. Application #: Existing Zoning: Location:
Quarter Section:
ZA-334-18-4 R-3 Approximately 480 feet west of the northwest corner of North 18th Street and East Cheery Lynn Road 15-31(G9)
Approved w/ stips
Proposal:
Variance to eliminate the requirement
for a minimum of trees every 20 feet on
center in the required landscape
setback. Minimum 20 feet on center or
equivalent grouping required.
Ordinance Sections: 608.F.8.c.(4)
Applicant:
MPD Cheery Lynn, LLC
Representative:
MPD Cheery Lynn, LLC
Owner:
MPD Cheery Lynn, LLC
Stipulations:
1) Trees to be minimum of 36" box trees.
2) 90 days to apply and pay for building permits.
6. Application #: Existing Zoning: Location:
Quarter Section: Proposal:
ZA-336-18-4 R-3 RI, R-5 RI (Approved C-1) Southwest corner of 7th Street and Windsor Avenue 14-28(G8) 1) Use permit to develop using the PRD standard. Use permit required.
2) Variance to reduce the open space requirement to 4 percent. Minimum 5 percent required. 3) Use permit to allow an ornamental entry feature exceeding 40 inches at the entrance of a new residential subdivision. Use permit required. 4) Variance to allow lots that do not front onto a public street or private access way. Public street or private access way required. 5) Variance to allow an over height wall (7 feet in height) in the required front yard. Maximum 40 inches allowed. 6) Variance to allow an over height wall (7 feet in height) in the required side and rear yard setbacks. Maximum 6 feet allowed. 7) Variance to reduce the building setback for individual lots for a PRD to zero feet. Minimum 10 feet required. 8) Variance to reduce required landscape area to 0 feet along the south, west and east property lines. Minimum 5 feet required.
Ordinance Sections:
608.B 703.B.4.a.(1) 703.A.2.b 615.B.TableB(PRD)
Approved w/ stip
Denied, as filed
703.A.2.a 703.A.2.c 615.B.TabelB(PRD)
703.B.3.b.3
Applicant:
Virginia Senior, VIDA Architects
Representative:
Virginia Senior, VIDA Architects
Owner:
Forrest J. Paysnoe, J P 379 WINDSOR,
LLC
Stipulations:
1) One year to apply and pay for building permits.
2) Per site plan approved by hearing officer regarding internal
sidewalks and drive aisles.
7. Application #:
ZA-337-18-2
Existing Zoning:
R-3 (approved R-3 SP)
Location:
2624 East Greenway Parkway
Quarter Section:
35-33(L9)
Proposal:
Time extension for ZA-260-17: 1)
Variance to allow an over-height fence
(6 feet) in the required front yard (east).
Maximum 40 inches allowed. 2)
Variance to reduce the perimeter
standard adjacent to a public street to
15 feet. Minimum 20 feet required.
Ordinance Sections: 307.A.12
Applicant:
Sean Lake, Pew and Lake, PLC
Representative:
Sean Lake, Pew and Lake, PLC
Owner:
Greenway Parkway, LLC
Stipulation:
1) For an additional twelve months.
8. Application #:
ZA-342-18-4
Existing Zoning:
C-2
Location:
3501 North 43rd Avenue
Quarter Section:
16-19(H6)
Proposal:
Use permit to allow patron dancing
accessory to a bar. Use permit required.
Ordinance Sections: 623.D.157.b.
Applicant:
Patricia Serrano, La Chamba
Representative:
Patricia Serrano, La Chamba
Owner:
Patricia Serrano, La Chamba
Denied, as filed unless continuance fee paid within 7 days.
Approved w/ stips
9. Application #: Existing Zoning: Location: Quarter Section:
ZA-572-14-4 (1-year review) A-2 3839 North 35th Avenue 16-21(H6)
Proposal:
1) Use Permit to allow a medical marijuana cultivation facility. Use Permit required. 2) Use Permit to allow a medical marijuana infusion facility. Use Permit required. 3) Variance to allow a medical marijuana cultivation facility within 1-mile of a similar type of use. Minimum separation of 5,280 feet required. 4) Variance to allow a medical marijuana infusion facility within 1-mile of a similar type of use. Minimum separation of 5,280 feet required. 5) Variance to allow a medical marijuana cultivation facility within 1,000 feet of a residential zoning district. Minimum 1,000 feet separation required. 6) Variance to allow a medical marijuana infusion facility within 1,000 feet of a residential zoning district. Minimum 1,000 feet separation required.
Ordinance Sections: 627.D.91.a 627.D.93.a 627.D.91.c
627.D.93.b
627.D.91.d 627.D.93.c
Applicant:
Wayne Hansen, Medican Enterprises,
Inc.
Representative:
Ryan Hurley, Rose Law Group
Owner:
James Scott, Pla2Win, LLC
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 certificated 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 to the Planning and
Development Department.
6) Applicant shall install and maintain per manufacturer's
Approved w/ stips
Approved w/ stips
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.
1:30 PM
10. Application #:
ZA-340-18-1 (Sign)
Existing Zoning:
C-2 DVAO
Location:
22403 North Black Canyon
Quarter Section:
43-23(N7)
Proposal:
Use permit to rebuild an existing off-
premise advertising sign from static to
digital (north face). Use permit required.
Ordinance Sections: 705.2.G.4
Applicant:
Tony Sawyer, Clear Channel Outdoor
Representative:
Stephen Earl, Earl, Curley and Lagarde
Owner:
LD Acquisition Company 15, LLC
Stipulations:
1) 12 months to apply and pay for permits.
2) A decorative pole cover shall be installed, as approved by the
Planning and Development Department.
3) The applicant shall remove an existing off-premise advertising
structure in compliance with Section 705.2.G.4.a. The billboard
that will be removed is at the following location: 24032 North 19th
Avenue (APN# 210-05-010B). An off-premise sign demolition
permit shall be issued for each off-premise sign to be removed
prior to final sign inspection on the subject board at 22403 North
Black Canyon and the signs shall be removed within 20 days of
issuance of those demolition permits unless the existing legal
nonconforming sign(s) have already been removed. If any such
off-premise sign is re-erected within the stipulated period of 205
days from the issuance of the demolition permit, the applicant
shall remove an alternate legal nonconforming off-premise sign to
achieve the required square footage necessary to be removed.
4) The developer shall provide documentation to the City prior to
final site plan approval that Form 7460-1 has been filed for the
development and that the development received a "No Hazard
Determination" from the FAA.
11. Application #: Existing Zoning: Location: Quarter Section:
ZA-341-18-7 (Sign) A-1 5610 West Latham Street 12-15(G5)
Approved w/ stip
Approved w/ stips
Proposal:
1) Variance to reduce the required
separation between off-premise
advertising structures to 700 feet. A
minimum of 1,000 feet required. 2) Use
permit to allow a freeway off-premise
advertising structure to be built to a
height of 70 feet. Use permit required.
Ordinance Sections: 705.2.B.2 705.2.B.4
Applicant:
Tony Sawyer, Clear Channel Outdoor
Representative:
Stephen Earl, Earl, Curley and Lagarde
Owner:
ADOT
Stipulations:
1) 12 months to apply and pay for permits.
2) A decorative pole cover shall be installed, as approved by the
Planning and Development Department.
12. Application #:
ZA-346-18-8 (Sign)
Existing Zoning:
Approved C-2 MR
Location:
148 North 48th Street
Quarter Section:
10-38(F11)
Proposal:
Use permit for a major amendment to
the Desert Schools Federal Credit Union
Comprehensive Sign Plan. Use permit
required.
Ordinance Sections: 705.E.2
Applicant:
Steve Nelsen, Arizona Commercial
Signs
Representative:
Steve Nelsen, Arizona Commercial
Signs
Owner:
Cathy Graham, Desert Schools Federal
Credit Union
Stipulations:
1) 6 months to apply and pay for sign permits.
13. Application #: Existing Zoning: Location: Quarter Section: Proposal:
Ordinance Sections: Applicant: Representative: Owner:
ZA-338-18-7 DTC-BC 21 West Van Buren Street, Suite G4 10-27(F8) Use permit to allow outdoor dining and alcoholic beverage consumption accessory to a bar (Pizza Hut). Use permit required. 1204.D Hot Pizzas, LLC Theresa Morse, A.G.A.T.E. USBC Real Estate, LLC
Stipulations: 1) The employees must have a clear view of the area in order to supervise the activities and/or be present while patrons utilize the outdoor area. 2) The area be sufficiently illuminated and contained to discourage any unlawful activity. The precinct commander, or his designee, may approve lighting, containment area, and security personnel at their discretion. 3) "No Trespassing" signs must be posted and an authority to arrest trespassers form be signed to deter loitering/unwanted guests inside and surrounding the establishment. 4) 12 months to apply and pay for building permits.
Withdrawn to amend and reschedule
14. Application #: Existing Zoning:
Location: Quarter Section: Proposal:
Ordinance Sections: Applicant:
Representative:
Owner:
ZA-339-18-4 C-1
2024 North 7th Street 13-28(G8) 1) Use permit to allow the sales of alcoholic beverages as an accessory to a restaurant (CitiFarms Caf?). Use permit required. 2) Use permit to allow outdoor dining and alcoholic beverage consumption as an accessory to a restaurant (CitiFarms Caf?). Use permit required. 622.D.150.a 622.D.150.d Douglas J. Edgelow, Windsor Monte Vista, LLC Douglas J. Edgelow, Windsor Monte Vista, LLC Douglas J. Edgelow, Windsor Monte Vista, LLC
Approved w/ stips
15. Application #: Existing Zoning: Location: Quarter Section: Proposal:
Ordinance Sections: Applicant: Representative:
ZA-343-18-3 RE-35 3853 East Sahuaro Boulevard 27-36(J10) Variance to allow a 6-foot high wall/fence within the required front yard setback. Maximum height permitted is 40 inches high within the required front yard setback. 703.A.2.a. Jack DeBartolo 3, DeBartolo Architects Jack DeBartolo 3, DeBartolo Architects
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