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Board of Adjustment
Regular Meeting

November 8, 2023 | 6:00 p.m.
Chandler City Council Chambers

88 E. Chicago Street, Chandler AZ

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Board Members
Dean Ouellette
Dan Henderson
Jim Ryan
Chad Wakefield
Manuel Ramirez
Iliamari Vazquez-Houston
Timothy Phillips

Pursuant to Resolution No. 4464 of the City of Chandler and to A.R.S. § 38-431.02, notice is hereby given to the members of the Board of Adjustment and to the general public that the Board of Adjustment will hold a REGULAR MEETING open to the public on Wednesday, November 8, 2023, at 6:00 p.m., at City Council Chambers, 88 E. Chicago Street, Chandler, AZ.

Persons with disabilities may request a reasonable modification or communication aids and services by contacting the City Clerk's office at (480) 782-2181(711 via AZRS). Please make requests in advance as it affords the City time to accommodate the request.

Agendas are available in the Office of the City Clerk, 175 S. Arizona Avenue.

Board of Adjustment
Regular Meeting Agenda - November 8, 2023

Call to Order/Roll Call

Scheduled/Unscheduled Public Appearances
Members of the audience may address any item not on the agenda. State Statute prohibits the Board or Commission from discussing an item that is not on the agenda, but the Board or Commission does listen to your concerns and has staff follow up on any questions you raise.

Consent Agenda
Items listed on the Consent Agenda may be enacted by one motion and one vote. If a discussion is required by members of the Board or Commission, the item will be removed from the Consent Agenda for discussion and determination will be made if the item will be considered separately.

December 14, 2022, Board of Adjustment Meeting Minutes

Move Board of Adjustment approve Board of Adjustment Regular Meeting Minutes of December 14, 2022.

Action Agenda

Election of Officers

Move Board of Adjustment elect a Chair and Vice Chair of the Board of Adjustment.

PLH23-0054 Berglund Residence, located at 2310 E Folley St., generally located 1/2 mile south and east of Chandler Boulevard and Cooper Road

Move Board of Adjustment approve/deny the variance request to allow encroachments into the required setbacks, PLH23-0054 Berglund Residence, as recommended by Planning staff.

Discussion

Member Comments/Announcements

Calendar

Meetings will be scheduled as needed and are held the second Wednesday of the month at 6:00 p.m., unless advertised differently.

Adjourn

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ITEM 1

Board of Adjustment Development Services Memo No. BOA 23-002

Date:

11/08/2023

To:

Board of Adjustment

Thru:

Kevin Mayo, Planning Administrator

From:

Julie San Miguel, Senior Administrative Assistant

Subject:

December 14, 2022, Board of Adjustment Meeting Minutes

Proposed Motion:

Move Board of Adjustment approve Board of Adjustment Regular Meeting Minutes of December 14, 2022.

Attachments

December 14, 2022 Regular Meeting Minutes

ITEM 2

Board of Adjustment Development Services Memo No. BOA 23-003

Date:

11/08/2023

To:

Board of Adjustment

Thru:

Kevin Mayo, Planning Administrator

From:

Julie San Miguel, Senior Administrative Assistant

Subject:

Election of Officers

Proposed Motion:

Move Board of Adjustment elect a Chair and Vice Chair of the Board of Adjustment.

ITEM 3

Board of Adjustment Development Services Memo No.

Date:

11/08/2023

To:

Board of Adjustment

Thru:

Kevin Mayo, Planning Administrator
David de la Torre, Planning Manager

From:

Mikayela Liburd, City Planner

Subject:

PLH23-0054 Berglund Residence

Request: Variance from Zoning Ordinance to allow encroachments into the required side yard setbacks.

Location: 2310 E Folley St, generally located 1/2 mile south and east of Chandler Boulevard and Cooper Road.

Applicant: Vicki Berglund

Proposed Motion:

Move Board of Adjustment approve/deny the variance request to allow encroachments into the required setbacks, PLH23-0054 Berglund Residence, as recommended by Planning staff.

Background/Discussion

The variance request is for a proposed structure to encroach into the 5-foot side yard setback on the west side of the property as well as an existing structure that is currently encroaching into the 10ft side yard setback to remain on the east side of the property. Both the proposed and existing structures are non-compliant with the side yard setbacks. Additionally, the existing structure to the east was never permitted through the City of Chandler and was recently brought to staff's attention through staff review of the variance for the proposed structure.

PROPERTY INFORMATION

Subdivision

Colonia Coronita Unit Four

Lot Number

586

Lot Size (New)

Approximately 11,014 Square Feet

Lot Size (Previous)

Approximately 8,023 Square Feet

Year of Construction

1985

Zoning

SF-8.5 Single Family District

SETBACKS

Required Minimum Setbacks

Requested Setbacks Variance

Front Yard Setback

20'

No change

Side Yard Setbacks

5' and 10'

0' (west) and 2' (east)

Rear Yard Setback

10'

No change

REQUESTED VARIANCE
This variance is requesting deviation from the Zoning Code by the encroachment of two additions into the side yard setbacks. The side yards must maintain a minimum of 5' on the west side of the property and 10' to the east. The proposed structure would encroach 5' into the western side of the property, there would be no setback between the building and the property line. The existing illegal structure encroaches into the eastern side yard by approximately 8' offering 2' between the property line and the structure.

The code requires additions to comply with the same setbacks as the principle structure. The proposed and existing structure do not meet this requirement.

APPROVAL CRITERIA AND STAFF FINDINGS:
The following approval criteria are provided by Chandler City Code (Section 35-2502.6) for the Board of Adjustment to hear and decide variance requests. Following each criterion are Planning staff's responses. The applicant's written narrative answering the following criteria is included as an attachment.

A variance shall not be granted unless the Board of Adjustment shall find upon sufficient evidence that:

Criterion 1: "There are special circumstances or conditions that apply to the land, building, or use referred to in the application."

Staff Finding: There is ample room to relocate the structure on-site such as on the northeast side of the property just behind the principal structure or to the northwest portion of the property. There are no special circumstances that apply to the property which do not apply equally to other properties in the neighborhood. The lot has no physical constraints that restrict the property's use as planned or zoned. Planning staff is of the opinion that this criterion has not been satisfied.

Criterion 2: "The granting of the variance is necessary for the preservation and enjoyment of substantial property rights."

Staff Finding: The existing home demonstrates that the property has been allowed to develop, and the property owner has enjoyed substantial property rights. Additionally, applicant has absorbed parts of the alley to the west and north of the property as of August 2023. Other lots located on the north side of the same street were only able to absorb the alley to the north side of their properties. As such, the subject lot has more space on its side yards than the other lots on the same street, providing more area to comply with side yard setbacks. It is not a property right to build an addition and violate the minimum side yard setback requirements. Planning staff is of the opinion that this criterion has not been satisfied.

Criterion 3: "The granting of the variance will not materially be detrimental to persons, property, or the public welfare of the community."

Staff Finding: The west side of the subject property adjoins a city public park. Allowing a variance to build an addition to the house that is setback zero feet from the western property line would in staff's opinion be detrimental to the community by allowing such a structure to visibly impose onto the public open space.

The Board of Adjustment may not:

Criterion 4: "Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning code provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this article."

Staff finding: Planning staff finds no changes in the uses permitted are requested and will not be granted with the requested variance.

Criterion 5: "Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner."

Staff Finding: Planning staff finds that the hardship is self-imposed due to the availability of space for such additions elsewhere on the same property as well as there being no changes in the requirements since its initial subdivision and construction in 1980's.

Criterion 6: "A variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is located."

Staff Finding: The variance would be a special privilege that neighboring properties do not legally enjoy due to the zoning regulations. Planning staff is of the opinion that this criterion has not been satisfied.

PUBLIC/NEIGHBORHOOD NOTIFICATION

This request was notified in accordance with the requirements of the Chandler Zoning Code.
An 11x17 inch Notice of Public hearing placard sign was posted at the subject site 15 days prior to the hearing.
Notification post cards were sent out to property owners within a 600' radius of the subject site 15 days prior to the hearing.
Planning staff has received three (3) general inquiries regarding the request, the inquirers were neutral on the request and were only seeking information not providing input.

RECOMMENDED ACTION
Planning staff finds that the requested variance does not meet the approval criteria and therefore recommends denial.

Attachments

Vicinity Maps

Applicant Justification

Exhibits-PLH23-0054