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John S. Gendron
Hearing Officer
DATE September 11, 2007 TIME 1:30 P.M.
Staff Present Others Present
Jeff McVay Charlie Carpenter
Jim Hash Kelly Tate
Rob Dmohowski Jesus Resendiz
CASES
Case No.: ZA07-091
Location: 26 East McLellan Road
Subject: Requesting a variance to allow a front porch addition to encroach into required front setback in the R1-6 zoning district.
Decision: Approved with the following conditions.
1. Compliance with the site plan submitted, including an 18-foot wide front porch..
2. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Jesus Resendiz represented the variance request. In response to Mr. Gendron’s questing, the applicant noted that the home was constructed in 1980. Staff presented a staff report, noting that although the three-foot setback on the west side of the home was not Compliant with today’s development code, it is pre-existing since the construction of the home and is not part of the variance today.
Finding of Fact:
• The R1-6 zoning district requires a 20-foot front setback in accordance to Section 11-4-5 of the City of Mesa Zoning Ordinance. Awnings, eves, overhangs, or basement window wells may encroach not more than three feet (3’) into any required yard, but shall not be closer than two feet (2’) to any property line.
• The proposed porch will be four feet (4’) wide and ten feet (10’) in length and will encroach approximately four feet (4’) into the required front setback. Since the awning may encroach up to three feet (3’), the new porch would exceed Code allowance by one foot (1’) beyond what the Zoning Ordinance allows.
• The R1-6 zoning district permits a maximum roof area of 40% (§11-4-5). The 6,319 sq. ft. lot currently includes a 1200 sq. ft. home and a 100 sq. ft. storage shed. With the proposed 93.57 sq. ft. porch, the roof area will be at 22.05%.
• The home was built without a covered front porch to provide protection from the sun and weather. Compliance with the Zoning Ordinance would prevent the property owner from adequately providing shade and protection for the entrance of the home.
• The proposal is consistent with other homes in the area that were built with covered front porches. Based on this fact, the variance would not grant a special privilege over other homes in the neighborhood. The design and height of the porch is consistent with the architectural style of the home and would not be detrimental to surrounding properties.
• The original construction of the home resulted in a side setback from the west property line of approximately three feet (3’), where five feet (5’) is required. This condition is pre-existing and modification of that setback is not required as part of this request.
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Case No.: ZA07-092
Location: 3548 North Reynolds Circle
Subject: Requesting a variance to allow a detached accessory building to exceed the maximum height permitted in the R1-7 -DMP zoning district.
Decision: Approved with the following conditions.
1. Compliance with the site plan submitted except as modified by the conditions below.
2. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary:
Kelly Tate represented the variance request, noting nothing to add to materials already submitted. Mr. Gendron discussed the request with the applicant and staff, specifically discussing the age of construction and current development pattern. Staff provided a summary and recommendation.
Finding of Facts:
• The existing 120 s/f shed encroaches into the required side yard beyond the rear one quarter (1/4) and exceeds eight feet (8’) in height, which is prohibited in accordance to City of Mesa Zoning Ordinance §11-13-2(B)3.
• The proposed extension of the shed is located entirely in the rear one quarter (1/4) and does not exceed 10 feet (10’) in height as measured from the midpoint of the roof. Structures over 8 feet in height cannot be located in the required side yard, outside of the rear one quarter (1/4). The existing shed is eleven feet (11’) at the highest point. However, less than 50% of the existing building is located within the required side yard that is not within the rear one quarter (1/4) of the lot.
• Accessory structures are not allowed within a side yard required for vehicle access (§11-13-2(B)3). However, given the wedge shape of the lot, the current shed location would not interfere with vehicle access into the rear yard.
• The R1-7 zoning district permits a maximum roof area of 40% (§11-4-5). The 10,934 s/f lot currently includes a 2422 s/f home and a 120 s/f storage shed. With the proposed extension of 200 s/f to the existing shed, the roof area will be 25%.
• The wedge shape of the lot creates a unique condition that prevents the accessory structure from being built entirely in the rear one quarter (1/4) of the lot. The configuration of the building is meant to preserve existing landscaping and maintain the existing roofline.
• Further, the existing non-conforming shed is a pre-existing condition that additionally justifies the requested variance.
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Case No.: ZA07-094
Location: 5958 East McKellips Road
Subject: Requesting a Development Incentive Permit to allow development of a bank in the C-2 zoning district.
Decision: Approved with the following conditions.
1. Compliance with the Site Plan submitted.
2. Compliance with all requirements of the Designs Review Board.
3. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary:
Charlie Carpenter, architect, represented the DIP request. Mr. Gendron discussed the request with the applicant and staff, specifically related to razing of existing development, right-of-way dedications, future road improvements, and signage. Staff provided a summary and recommendation.
Finding of Facts:
• The DIP allows development of a bank without full compliance with City of Mesa development standards. The site is approximately 36,900 square feet and was previously used as an automobile service station. The DIP allows construction of a new 4,300 S.F TCF bank with drive-thru. The bank will be the third of its kind to be built in Mesa, and provide services that extend 24 hours a day seven days a week.
• The site meets the size and age requirements to be reviewed for a DIP: 1) the site does not exceed 2.5 net acres; 2) has been in its current configuration for more then 10 years; 3) the total development land is not greater the 25%vacant; and 4) greater then 50% of the total number of lots or parcels have been developed for 15 years or more.
• The development is consistent with the General Plan and the use is allowed in the C-2 zoning district. The development is commensurate with existing development within the definitional boundary of the property and meets the intent of the provisions of Chapter 15 of the City of Mesa Zoning Ordinance. Additionally, the reasonable development of this property would not be possible without the requested incentives.
• The proposed project is compatible with, and not detrimental to, adjacent properties or neighborhoods.
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There being no further business to come before the Zoning Administrator, the hearing adjourned at 02:12 p.m.
The cases for this hearing were recorded and are available upon request.
Respectfully submitted,
John S. Gendron
Hearing Officer
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G:ZA/Minutes/2007/091107.doc