Attachment B - Staff Report - Z-32-20-6.pdf

City of Phoenix — Formal (2020-10-07)

Extracted text (via pymupdf) 15362 characters

Staff Report: Z-32-20-6
August 10, 2020
INTRODUCTION
Z-32-20-6 is a request to establish Historic Preservation (HP) overlay zoning for the
property located at 333 West Gardenia Drive known historically as the Ozell Trask
Residence. Maps and photos of the subject property are attached.
STAFF RECOMMENDATION
Staff recommends that rezoning request Z-32-20-6 be approved.
BACKGROUND
In April of 2020, the City of Phoenix Historic Preservation Office received a request from
Douglas and Kate Thoene, owners of 333 West Gardenia Drive, for HP overlay zoning
for the property. At the Thoenes’ request, the HP Commission voted to initiate HP
zoning for the subject property on May 18, 2020.
BACKGROUND HISTORY
Ozell Trask was born to Isaac and Nina Trask in Wakita, Oklahoma in 1909. He
received an A.B. from Washburn College in Kansas in 1931 and an LLB from Harvard
Law School in 1934. He initially practiced law in Kansas City before moving to Arizona
in 1936 seeking health benefits from the arid climate as he was suffering from
tuberculosis. He met his wife Barbara Draper in a sanitarium in Tucson and the couple
married in 1939 (Arizona Daily Star Oct. 3, 1939:14). The couple moved to Phoenix and
Trask was admitted the state bar of Arizona in 1940 (Arizona Republic Mar. 7, 1940:3).
Trask practiced independently before establishing a law firm with Irving Jennings,
Charles Strouss, and Riney Salmon in Phoenix in 1942. Originally known as Jennings,
Strouss, Salmon and Trask, the firm continues to operate today as Jennings Strouss
(Arizona Republic Jun 22, 1969:53).
Trask became a prominent member in the local legal community, serving as a hearing
officer for the Maricopa County Bar Association in 1942 and becoming secretary of the
County Bar Association in 1943. By 1948, he was serving on the Committee of
Examinations and Admissions for the State Bar of Arizona, a position he held for 11
years (United States 1980). In the 1950s Trask also served on the board of the Young
Men’s Christian Association (YMCA) and became the President of the Arizona Division
Attachment B

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August 10, 2020
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of the American Cancer Society (Arizona Republic Jan. 18, 1956:22). In fact, Trask
helped write a bill to establish a central cancer registry within the State of Arizona in
1959 for statistical research. House Bill 265 did not, however, gain traction in the State
Legislature and it would take until 1981 for such a state registry to be established
(Arizona Republic March 13, 1959:6).

While his legal practice appears to have predominantly focused on local cases from the
1940s through the 1950s, he entered the national stage in 1960 taking a federal case in
which he represented Arizona ranchers in a land dispute with the San Carlos Apache
Tribe. Trask presented an argument to an agent for the Secretary of the Interior on
behalf of the continued interest of ranchers in keeping grazing leases on approximately
100,000 acres (of a broader 232,000 acres) of land adjacent to the San Carlos Indian
Reservation which had originally been part of the reservation but for which the federal
government set aside for mineral entry in 1896 (Arizona Republic Feb 11, 1960:32). The
following month Trask went to Washington D.C. to lobby Arizona’s congressional
representatives in advance of the decision to be made by the Interior Department
(Arizona Daily Star Mar 9, 1960:2A). In 1963 the Secretary of the Interior returned the
mineral rights for this contested land to San Carlos Apache Tribe and the cattlemen filed
an injunction. Trask represented cattle ranchers as plaintiffs in a case against Secretary
of the Interior in 1963 (Bowman v. Udall). The case was argued in the US District Court
for the District of Columbia in 1965 and resulted in a finding in favor of the Secretary of
the Interior (Arizona Republic Jun 17, 1965:18A).

In 1965, Ozell Trask was appointed as chief legal counsel for the Interstate Stream
Commission. The State of Arizona had obtained a guaranteed Colorado River water
allotment in a Supreme Court decision two years earlier (Arizona v. California) and the
Stream Commission sought federal legislation to authorize construction of a canal
system that would deliver water from the Colorado River to Central Arizona (the Central
Arizona Project) (Mann 1963; Johnson 1977).

Trask worked on the task force studying and drafting legislation for the Lower Colorado
River Project which was to include the Central Arizona Project. Arizona’s congressional
delegation for the legislation included Senators Carl Hayden and Paul Fannin and
Representatives John Rhodes, Sam Steiger, and Morris Udall. Trask simultaneously
worked on an alternative state water and power plan in which Arizona would finance the
development of the project independently if congressional authorization/funding could
not be secured. The federal legislation required compromise from representatives of the
seven Colorado River Basin states, as well as dam and power source reconfiguration,
and ultimately passed and was signed into law in 1968. The landmark Central Arizona
Project authorized as part of the legislation was the culmination of decades of legal
water rights challenges by Arizona leaders to access what they considered to be the
state’s rightful share of the Colorado River (Johnson 1977).

Staff Report: Z-32-20-6
August 10, 2020
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Ozell Trask’s work on the Interstate Stream Commission assisting with the Lower
Colorado River Project clearly gained the admiration of Arizona Senator Paul Fannin
who recommended his nomination to the U.S. Ninth Circuit Court of Appeals to
President Richard Nixon in June of 1969. At this time Trask was still practicing at
Jennings, Strouss, Salmon and Trask, which had become one of the most prominent
law firms in Arizona. The U.S. Senate confirmed Trask’s appointment in September of
1969, and he became the first Phoenician, and fourth Arizonan, appointed to the Ninth
Circuit Court of Appeals, the second highest federal judiciary level in the country
(Arizona Republic Jun 22, 1969:53).

As noted, Trask and his wife had moved to Phoenix in 1940 and, while establishing his
career, purchased a 1,200 square foot home in what is now the Del Norte Historic
District at 1606 West Wilshire Drive. They continued to live in this residence through
1950 and then purchased their next home at 1809 North 11th Avenue, a 1,700 square
foot residence in what would become the Encanto-Palmcroft Historic District. In 1959,
the Trasks purchased their home at 333 West Gardenia Drive. The considerably larger,
2,500 square foot home, with attached 840 square foot garage and storage, in the North
Central corridor reflected Trask’s growing career success. The Trasks remained at this
property as he gained a national profile through legal and legislative efforts culminating
in his appointment to the Ninth Circuit. The Ninth Circuit Court is based in San
Francisco. While the Trasks decided to maintain a residence in Phoenix, it is clear that
they sought to downsize as they sold their home at 333 West Gardenia Drive in 1970
and purchased Apartment 6 at 6125 North Central Avenue.

PROPERTY DESCRIPTION

While there is not an original building permit on file for the home at 333 West Gardenia
Drive, it first appears in city directories in 1956 as the residence of Henry P. Stern. The
single-story house is designed in the California Ranch style, characterized by a low-
slung form and walls with board and batten siding above a brick wainscot on the front
façade, as well as a low-pitched roof sheathed with wood shakes. The secondary
façades are constructed of painted 8” concrete block. The house is built on a concrete
pad and stem wall foundation. It has an elongated “L” plan with a two-car garage. The
roof is comprised of intersecting, modified hip forms with exposed, curved-end rafter
tails. The roof ridge drops in height at the west end and is adorned with a cupola. An
entry porch now has a simple wood porch post but was originally supported by a filigree
painted metal post, often used in 1950s Ranches. The house also had steel casement
windows, that included diamond-shaped lites on the front façade, another characteristic
of the California Ranch. Most of these original steel casement windows have been
replaced with new fixed and casement windows on the primary façade and fixed/sliding
windows on the secondary façades.

Staff Report: Z-32-20-6
August 10, 2020
Page 4 of 5

ELIGIBILITY CRITERIA

The eligibility criteria for HP overlay zoning and listing on the PHPR are set forth in
Section 807.D of the City of Phoenix Zoning Ordinance. To qualify, a property must
demonstrate significance in local, regional, state, or national history, architecture,
archaeology, engineering, or culture, according to one or more of the following criteria:

A. The property is associated with the events that have made a significant
contribution to the broad pattern of our history;
B. The property is associated with the lives of persons significant in our past;
C. The property embodies the distinctive characteristics of a type, period, or method
of construction, represents the work of a master, possesses high artistic values,
or represents a significant and distinguishable entity whose components may
lack individual distinction; or
D. The property has yielded or may likely yield information integral to the
understanding of our prehistory or history.

In addition to the significance requirement, the property must also be at least 50 years
old or have achieved significance within the past 50 years if it is of exceptional
importance. The property must also possess sufficient integrity of location, design,
setting, materials, workmanship, feeling, and association to convey its significance.

EVALUATION

In this case, the property meets the age requirement as it was constructed by 1956.
The property also meets the significance requirements under Criterion B for its
association with Ozell Trask, prominent Phoenix attorney who served as Chief Counsel
during the negotiations for the federal legislation authorizing the Central Arizona Project
and who was then appointed to the U.S. Ninth Circuit Court of Appeals by President
Richard Nixon.

The property, where he lived from 1959 to 1970, best represents the transition from his
work as a local attorney to legal work at the federal level with both trial and legislative
efforts which culminated in his appointment to the U.S. Ninth Circuit Court of Appeals.
The property also meets the minimum requirements for historic integrity, as it retains its
original location, design, setting, workmanship, feeling, and association with modest
impact to integrity of materials with the replacement of the windows and porch posts.

BOUNDARY JUSTIFICATION

Section 807.E states that, when applying the evaluation criteria in Section 807.D, the
boundaries of a historic district should be drawn as carefully as possible to ensure that:

Staff Report: Z-32-20-6
August 10, 2020
Page 5 of 5
1. The district contains documented historic, architectural, archaeological or natural
resources;
2. The district boundaries coincide with documented historic boundaries such as
early roadways, canals, subdivision plats or property lines;
3. Other district boundaries coincide with logical physical or manmade features and
reflect recognized neighborhood or area boundaries; and
4. Other non-historic resources or vacant land is included where necessary to
create appropriate boundaries to assist in meeting the criteria in Section 807.D.
The proposed HP zoning boundary includes Lot 82 of the Pyle Estates subdivision in its
entirety, where the subject property is located. It also includes the adjacent street right
of way, which is customary for rezoning applications.
CONCLUSION
The rezoning request Z-32-20-6 to establish Historic Preservation (HP) overlay zoning
for the subject property should be approved for the following reasons:
1. The property meets the significance, age, and integrity requirements for HP
overlay zoning set forth in Section 807.D of the Zoning Ordinance; and
2. The proposed boundaries meet the eligibility criteria outlined in Section 807.E.
Writer
H. Ruter
8/10/2020
Team Leader
M. Dodds
Attachments:
Sketch Map (1 page)
Aerial (1 page)
Photos (1 page)
Articles (4 pages)
Correspondence (2 pages)

R1-10
NORTHVIEW AVE
ORANGEWOOD AVE
7TH AVE
3RD AVE
2ND DR
4TH DR
STATE AVE
VISTA AVE
GARDENIA DR
NORTHERN AVE
GLENDALE AVE
BETHANY HOME RD
CAMELBACK RD
35TH AVE
27TH AVE
19TH AVE
7TH AVE
43RD AVE
7ST AVE
I-17
ALAHAMBRA VILLAGE
CITY COUNCIL DISTRICT: 6
I
APPLICANT'S NAME:
APPLICATION NO.
Z-32-20
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.38 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
R1-10
R1-10 HP
CONVENTIONAL OPTION
1
1
* UNITS P.R.D. OPTION
1
1
City of Phoenix Historic Preservation Commission
DATE:
6/22/2020
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 23-27
ZONING MAP
I-8
REQUESTED CHANGE:
FROM: R1-10 ( 0.38 a.c.)
TO:
R1-10 HP ( 0.38 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2002\Z-32-20.mxd
Z-32-20
0.045
0
0.045
0.0225
Miles

R1-10
NORTHVIEW AVE
ORANGEWOOD AVE
7TH AVE
3RD AVE
2ND DR
4TH DR
STATE AVE
VISTA AVE
GARDENIA DR
Maricopa County Assessor's
NORTHERN AVE
GLENDALE AVE
BETHANY HOME RD
CAMELBACK RD
35TH AVE
27TH AVE
19TH AVE
7TH AVE
43RD AVE
7ST AVE
I-17
ALAHAMBRA VILLAGE
CITY COUNCIL DISTRICT: 6
I
APPLICANT'S NAME:
APPLICATION NO.
Z-32-20
GROSS AREA INCLUDING 1/2 STREET
AND ALLEY DEDICATION IS APPROX.
0.38 Acres
MULTIPLES PERMITTED
* Maximum Units Allowed with P.R.D. Bonus
R1-10
R1-10 HP
CONVENTIONAL OPTION
1
1
* UNITS P.R.D. OPTION
1
1
City of Phoenix Historic Preservation Commission
DATE:
6/22/2020
REVISION DATES:
AERIAL PHOTO &
QUARTER SEC. NO.
QS 23-27
ZONING MAP
I-8
REQUESTED CHANGE:
FROM: R1-10 ( 0.38 a.c.)
TO:
R1-10 HP ( 0.38 a.c.)
Document Path: S:\Department Share\Information Systems\PL GIS\IS_Team\Core_Functions\Zoning\sketch_maps\2002\Z-32-20.mxd
Z-32-20
0.045
0
0.045
0.0225
Miles

Z-032-20-6
Ozell Trask Residence
333 W Gardenia Drive

Photo 1. 333 W Gardenia Dr, looking southwest
Photo 2. 333 W Gardenia Dr, looking south

Photo 3. 333 W Gardenia Dr, looking southeast.
Photo 4. 333 W Gardenia Dr, looking southeast.