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John S. Gendron
Hearing Officer
DATE October 16, 2007 TIME 1:30 P.M.
Staff Present Others Present
Jeff McVay Rory Kelley Randy Carter
Jim Hash Eugene Sprout Cedric Gregory
Constance Bachman Jack Sanfalease Brent Falco
Fred Woods
CASES
Case No.: ZA07-103
Location: 2909 South Dobson Road
Subject: Requesting a Special Use Permit to allow the modification of an existing Comprehensive Sign Plan in the C-2 zoning district.
Decision: Approved with the following conditions.
1. Compliance with the sign plan submitted, except as modified by the conditions below.
2. The new detached monument sign shall have a maximum height of ten feet (10’) and maximum sign area of eighty (80) square feet.
3. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Rory Kelley represented the Comprehensive Sign Plan request, noting that he did not have additional information to add to the record. Mr. Gendron discussed the request with the applicant and staff. Discussion included the current request and how that request compares to the existing CSP. Mr. Hash provided a staff report and recommendation. Mr. Gendron agreed that the request represented an improvement to signage, but did not find sufficient justification to increase the detached height 12 feet from the 10 feet currently approved. Mr. Gendron further noted the CSP would be compatible with surrounding development.
Finding of Fact:
• The Comprehensive Sign Plan (BA88-027) modification allow for the revitalization of existing signage for the existing commercial center. The existing CSP was established in 1988 and allows for 10 feet in height and 50 SF of sign area.
• The existing monument sign will be replaced with a new updated monument sign that reflects the new character of the buildings. The new monument sign will match the color and architecture of the existing building.
• The current City of Mesa Sign Ordinance allows a detached monument sign that is 12 feet in height and 80 SF in area for a commercial plaza with frontage on an arterial greater than 100 feet. The plaza CSP does not offer any deviations to the code regarding attached signage and will simply allow for the existing signage to be brought up to current sign standards.
• The requested signage is commensurate with surrounding development. Sufficient justification has not been provided for the additional sign height. Maintenance of a maximum height of 10 feet is compatible with, and not detrimental to, adjacent properties or neighborhood.
*****
Case No.: ZA07-105
Location: 6240 East Hermosa Vista Drive
Subject: Requesting: 1) Special Use Permit to allow a detached accessory living quarters; and 2) a variance to allow a detached accessory building to encroach into the required rear yard in the R1-6-DMP zoning district.
Decision: Denial of the variance.
Approval of the Special Use Permit with the following conditions.
1. Compliance with the site and landscape plan submitted.
2. Removal of the 13’x41’ RV/Storage Cover.
3. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Eugene Sprout represented the Special Use Permit and variance requests, noting that he did not have additional information to add to the record. Mr. Gendron discussed the request with the applicant and staff. Jack Sanfalease, neighboring property owner, was present in opposition to the request. His concerns related to the RV garage, the location of the RV garage in relation to his property, the aesthetics of the RV garage, the reduction in property value, the diesel fumes, and the damage to property wall. Mr. Hash provided a staff report and recommendation. Mr. Gendron agreed that the Special Use Permit request was consistent with the intent of the Code provisions and would be compatible with surrounding development. Mr. Gendron did not find justification for the requested variance.
Finding of Fact:
• The owner originally purchased the 3.12-acre parcel in 1993 and in July of 1997 sub-divided it creating the “Von Brehren Subdivision” MCR 49248. The lot currently contains a new 3,715 sf home, 1652 sf guesthouse and carport and two detached accessory buildings that total 715 sf. The SUP allows the 1,652 sf guesthouse and carport to be utilized as a detached accessory living quarters.
• The detached accessory living quarters is; 1) the only dwelling unity on the property besides the primary residence, 2) serviced by the same utility service as the main dwelling unit, and 3) the owner has supplied documentation stating that the detached accessory living quarters will not be rented or leased.
• The detached accessory living quarter’s front entrance is visible from the public right-of-way due to previous use as a primary dwelling unit. The orientation of the home’s front door is original to the construction. Although the front entrance is visible from the public right-of-way, the structure sits approximately 100 feet from the right-of-way providing an extensive buffer between the structure and the road.
• The detached accessory living quarters and detached accessory structure, added together, are greater than 50% of the roof area of the primary home. The R1-6-DMP zoning district allows the aggregate roof area for accessory structures to total 50% of the roof area of the primary dwelling unit. This lot at 29,746 sf is significantly larger than typical lots in the R1-6 zoning district.
• The detached accessory RV/Storage building that sits behind the accessory living quarters is approximately 1’-6” from the rear property line. There is concern that the structure’s proximity to adjacent properties may trigger issues with regards to building safety fire separation regulations. Additionally, the RV/Storage building, by definition is attached to the guesthouse. Consequently, by definition the guesthouse encroaches into the rear setback, which is not allowed.
• Denial of the variance request requires removal of the RV/Storage cover. This will extinguish the concerns of fire separation as well as providing the necessary deduction in aggregate square footage of detached buildings to bring it into compliance with regards to the 50% rule as set by the City of Mesa Zoning Ordinance.
• Provided the proximity to Hermosa Vista Road and the original establishment of the structure as livable area the detached accessory living quarters is compatible with, and not detrimental to surrounding properties.
* * * *
Case No.: ZA07-107
Location: 2434 East Southern Avenue
Subject: Requesting a Substantial Conformance Improvement Permit (SCIP) to allow conversion of a single residence home into a daycare in the O-S 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 current Code requirements related to perimeter landscaping, with the exception that within the outdoor play area, within which only compliance with number of perimeter trees is required.
3. Compliance with all requirements of Z07-82.
4. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Randy Carter, architect, represented the SCIP request, noting that he did not have additional information to add to the record. Mr. Gendron discussed the request with the applicant and staff. Discussion included landscaping requirements, parking requirements, and conversion of the building. Mr. McVay provided a staff report and recommendation. Mr. Gendron agreed that the site plan provided substantial conformance with current development standards and that the project would be compatible with surrounding development.
Finding of Fact:
• The SCIP allows a change in occupancy from single residence to daycare. The site received rezoning approval from City Council to O-S (Z07-82) to accommodate the use. The rezoning requires compliance with current Code development standards. The applicant has requested a Substantial Conformance Improvement Permit (SCIP) is to allow the proposed intensification of the site without providing full compliance with development standards.
• The SCIP allows deviation from the current Code related to the landscape setback from the west property line, and allow a reduction in the amount of landscaping provided. The applicant has shown that full compliance with current Code would require significant alteration of existing site conditions.
• The site plan identifies the following improvements to the existing site, which provide additional justification for the requested SCIP: 1) the provision of parking consistent with Code requirements; 2) provision of full right-of-way dedication for Southern Avenue; and 3) maintenance of existing mature landscaping.
• To provide additional compliance with current Code development standards, conditions have been included that perimeter landscaping comply with current requirements adjacent to Southern Avenue and adjacent property lines, with the exception that within the outdoor play area only compliance with landscape tree counts is necessary as children and shrubs generally do not play well together. Existing mature landscaping can be utilized to substitute for total requirements consistent with Section 11-15-3 (A).
• The site plan submitted, including conditions of approval, provide substantial conformance with current Code requirements that justify the requested SCIP. Additionally, the proposed use and improvements will be compatible with, and not detrimental to, adjacent properties in the area.
* * * *
Case No.: ZA07-108
Location: 2207 West Main Street
Subject: Requesting a Substantial Conformance Improvement Permit (SCIP) to allow a patio addition to an existing bar in the C-3 zoning district.
Decision: Approved with the following conditions.
1. Compliance with the site and landscape plan submitted with the follow conditions
2. Installation of ground cover within the existing 14-foot wide strip immediately adjacent to the east property line, within two (2) months of approval (12/16/07).
3. Provide a minimum of four (4) minimum three-foot diameter landscape planters along the thirty-foot (30’) elevation of the proposed cover.
4. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Cedric Gregory represented the SCIP request, noting concerns with the amount of modification to the site that has been recommended by staff. Mr. Gendron discussed the request and the concerns with the applicant and staff. Discussion included parking requirements, parking lot landscape requirements, and perimeter landscape requirements during light rail construction. Mr. Hash provided a staff report and recommendation. Mr. Gendron agreed that the site plan could provide substantial conformance with current development standards proportional to the intensity of the request through the provision of ground cover adjacent to the east property line and landscape planters within the new patio. Other staff recommended conditions of approval were eliminated.
Finding of Fact:
• The SCIP allows covering of an existing open patio to be used as a smoking patio while providing relief in areas deficient from current Code requirements such as foundation base, setbacks, and landscaping.
• The current use has been in this location since 1981. The existing structure will remain in its original configuration with the exception of the cover for the existing open patio. The applicant would like to provide shade and protection from the weather for smokers. This is related to the recent smoking regulation prohibiting smoking inside public buildings.
• While increasing the gross floor area and intensifying the use of the site, the proposed cover will not encroach into any existing drive aisles or parking fields. The approximate square footage of the building including the patio is 3575 sf. Current parking requirement require 47 parking spaces, the site currently has 54 existing parking spaces, which exceed, the current requirement.
• Current development standards require a minimum 15-foot foundation base on all building sides that contain an entrance and five feet on those sides that do not. Requiring strict compliance with current Code foundation base would create new non-conformities that would reduce the number of onsite parking spaces, or cause the cessation of the existing conforming use.
• The proposed cover to the existing patio is compatible with, and not detrimental to adjacent properties. The site improvements identified on the site plan and as conditioned meet the intent of the provisions of current development standards.
*****
Case No.: ZA07-109
Location: 2605 South Signal Butte Road
Subject: Requesting variances to allow: 1) a reduction in landscape plantings, and 2) allow phased perimeter landscaping in conjunction with the development of a church in the AG zoning district.
Decision: Continued to the October 30, 2007 hearing
Summary: N/A
Finding of Fact: N/A
*****
Case No.: ZA07-110
Location: 2758 South Crismon Road
Subject: Requesting a Special Use Permit (SUP) to allow a Comprehensive Sign Plan for an approved retail development in the C-2-DMP zoning district.
Decision: Approved with the following conditions.
1. Compliance with the site and landscape plan submitted.
2. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Brent Falco represented the Comprehensive Sign Plan request, noting that he did not have additional information to add to the record. Mr. Gendron discussed the request with the applicant and staff. Discussion included the current request and how that request compares to Code requirements. Mr. Hash provided a staff report and recommendation. Mr. Gendron agreed that the request is consistent with the intent of the CSP requirements and that the need for a CSP is technical, arising from a condition attached to a site plan approval. Mr. Gendron further noted the CSP would be compatible with surrounding development.
Finding of Fact:
• This request involves a Comprehensive Sign Plan (CSP) for Augusta Marketplace group commercial center located at the northwest corner of Crismon and Guadalupe Roads. The CSP will provide guidelines for individual tenant/owner signs that will conform to a unified design theme.
• The CSP includes sign criteria for five buildings including an AutoZone, Tesco-Fresh and Easy market, bank, daycare center, and un-named retail tenant spaces. The existing CVS Pharmacy Store was not part of this development and will not be included in the CSP for Augusta Marketplace.
• The Comprehensive Sign Plan (CSP) sets sign specifications and requirements for attached and detached signs that area consistent with or less than could be allowed by current Sign Ordinance maximums.
*****
Case No.: ZA07-111
Location: 3302 East Main Street
Subject: Requesting a Substantial Conformance Improvement Permit (SCIP) to allow redevelopment of an existing commercial building to a boat dealership in the C-3 zoning district.
Decision: Approved with the following conditions.
1. Compliance with the revised site plan and landscape plan submitted, except as modified by the conditions below.
2. Provision of twelve foot (12’) wide foundation base along the entire south building elevation.
3. Compliance with the landscape plan approved with the original development plan, including replacement of All dead, dying, or removed landscaping.
4. Compliance with all requirements of the Building Safety Division with regard to the issuance of building permits.
Summary: Fred Woods represented the SCIP request, noting concern with the staff recommended conditions related to foundation base and parking lot landscaping. Mr. Gendron discussed the request and concerns with the applicant and staff. Mr. McVay provided a staff report and recommendation. Mr. Gendron agreed that the site plan could provide substantial conformance with current development standards proportional to the intensity of the request through the provision of a 12-foot wide foundation base and improvement of landscaping consistent with the original development approval. Other staff recommended conditions of approval were eliminated.
Finding of Fact:
• The Substantial Conformance Improvement Permit allows redevelopment of an existing building previously used as a Recreational Vehicle and Automobile sales lot into a boat sales dealership. Modification of building includes the enclosure of two large canopies, one each on the east and west elevations, into indoor showroom area. The site is currently zoned C-3, which permits the use, however, creation of additional indoor showroom area requires a change to certificate of occupancy, requiring compliance with current Code.
• The SCIP allows deviation from current Code related to the landscape setbacks from Main Street and the east and north property lines, foundation base width, parking lot landscape islands, fence height within the front setback, and a reduction in the amount of landscaping provided.
• While the SCIP is technically required due to the enclosure of the canopies, the area under the canopies has historically been utilized for RV and vehicle display and the enclosure will not significantly intensify that use. Consequently, reasonable improvements to the conformance of the site would justify the requested SCIP.
• Conditions of approval include: 1) provision of 12-foot wide foundation base along the entire south elevation; and 2) the replacement of all dead, dying, or removed landscaping to ensure compliance with the landscape plan submitted.
• The site plan submitted, including the conditions of approval, provide substantial conformance with current Code requirements that justify the requested SCIP. Additionally, the proposed use and improvements will be compatible with, and not detrimental to, adjacent properties in the area.
*****
There being no further business to come before the Zoning Administrator, the hearing adjourned at 03:10 p.m.
The cases for this hearing were recorded and area available upon request.
Respectfully submitted,
John Gendron
Hearing Officer
jm
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