CP Final Report_without labels

City of Glendale — Regular Meeting (2024-10-22)

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Citizen Participation Plan
And
Final Report

Variance Findings
City Wide
ZTA24-01
April 29, 2024

July 15, 2024

CITIZEN PARTICIPATION PLAN FINAL REPORT

Purpose
The proposed Zoning Text Amendment (ZTA24-01) is to bring the Unified
Development Code, Section 35.6.209 Variances and Appeals to bring the section
into conformance with the Arizona Revised State Statute 9-462.06(G).
The Arizona Revised State Statute, 9-462.06(G) 2., asserts that the Board of
Adjustment shall, “Hear and decide appeals for variances from the terms of the
zoning ordinance only if, because of special circumstances applicable to the
property, including its size, shape, topography or surroundings the strict
application of the zoning ordinance will deprive the property of privileges enjoyed
by other property in the same zoning classification in the same zoning
district. Any variance granted is subject to conditions as will assure that the
adjustment shall not constitute a grant of special privileges inconsistent with the
limitations upon other properties in the vicinity and zone in which the property is
located," and ; "(H). A board may not (1) 1. Make any changes in the uses
permitted in any zoning classification or zoning district, or make any changes in
the terms of the zoning ordinance provided the restriction in this paragraph shall
not affect the authority to grant variances pursuant to this article;" and/or "2.
Grant a variance if the special circumstances applicable to the property are self-
imposed by the property owner." The City of Glendale 1993 Zoning Ordinance,
Sections 3.701- General and 3.706- Findings for a Variance mirrored the language
and text of the State Statute.

With the adoption of the UDC, the general purpose for a variance was modified
and three (3) state required findings for a variance were replaced with four (4)
criteria. To comply with State Statute, Section 35.6.209 must be replaced with
language in compliance with the statute.

Received City of Glendale
July 12, 2024

Notification
On June 26, 2024 the applicant sent neighborhood notification letters and the
draft text amendment language for the Variance Findings. Those included in the
mailing list were interested parties, city staff, Planning Commission Members and
Elected Officials. The comment period for the neighborhood notification was until
July 10, 2024. No comments have been received to staff.
The mailing list for this project is provided in attachment A.

CITIZEN PARTICIPATION PLAN

Received City of Glendale April 28,
2024

Notification
The zoning text amendment affects property owners city wide and there for the
public will be notified by mail, an ad in the Arizona Republic, and on the city
website. A neighborhood letter will be sent out to notify persons on the
interested parties list, staff members, Planning Commissioners and Elected
Officials.
The neighborhood letter will provide the nature of the request, the language of
the text amendment and the contact persons to whom to make remarks or ask
questions. All questions will be answered and any changes to the text amendment
from the date of the letter will be provided by mail to the interested party.
It is not anticipated that the text amendment will negatively impact property
owners for the amendment is just to bring the UDC into compliance with state
statute. State statutes are currently used when the Board of Adjustment makes
their decisions on variance applications.

Tentative Timeline
Submittal of CPP:
Date Neighborhood Letter:
Comment Period:

Planning Commission Workshop:
Neighborhood Letter:
Planning Commission Public Hearing:

3-28-2024
6-24-2024
7-12-2024
6-24-2024
8-13-2024
4-25-2024

June 24, 2024

RE:
Proposed Zoning Text Amendment (ZTA24-01) to amend Zoning Ordinance Section
35.6.209 (B) Variance Criteria

Dear Neighbor and/or Interested Party:

The City of Glendale is processing a Zoning Text Amendment (ZTA24-01) to amend Variance
Criteria, Section 35.6.209(B), of the Unified Development Code (UDC).

This request is necessary to bring the UDC, Section 35.6.209(B), into conformance with State
Statutes regarding the required findings for variance approval.

The following are the proposed revisions to Section 35.6.209:

DRAFT LANGUAGE TO BE REMOVED IS STRIKEN AND DRAFT LANGUAGE FOR
ADOPTION IS IN RED

35.6.209 Variances and Appeals

A. General Variances from zoning regulations pertaining to development standards;
setbacks, lot dimensions, or other development standards where such a variance will not
be detrimental to public interest, health, safety, or welfare. No variance shall be granted
to permit a use not otherwise permitted in the applicable zoning district.

B. Variance Criteria

Relief from established development standards shall not be arbitrary nor open-ended or
universal across multiple properties. Upon filing a variance for consideration, the applicant shall
present evidence that demonstrates the following:

1. Existing unique circumstances or conditions on the subject property that prevents the
universal application of the zoning standard.

2. The literal interpretation of the Unified Development Code would deprive the
appellant of rights commonly enjoyed by other properties in the same zoning district.
3. Any hardship caused by the provisions of the Unified Development Code is more than
personal inconvenience or a financial hardship and is not the result of actions by the
applicant.

4. Granting the variance will not interfere with or alter the appropriate and legal use of
adjacent conforming properties in the same zoning district.

A. Purpose

The purpose of a variance is to restore equity when, due to special circumstances or
conditions, the ordinance restricts one property more severely than other properties in
the same zoning district. The circumstances or conditions must be beyond the control of
the owner and relate to the property as opposed to the owner. Personal hardship or
inconvenience does not justify a variance. The burden of proof is on the property owner.

B. Findings for a Variance

The Board of Adjustment shall make the following findings based on the evidence in
the record prior to granting a variance:

1.
There are special circumstances or conditions applicable to the property
including its size, shape, topography, location, or surroundings which
were not self-imposed by the owner;

2.
Due to the special circumstances, the strict application of the Zoning
Ordinance would deprive the property of privileges enjoyed by other
properties in the same classification in same zoning district;

3.
Granting the variance will not have a detrimental effect on the property,
adjoining property, the surrounding neighborhood, or the City in general.

C. The Board of Adjustment shall not grant a variance when:

1. The special circumstances applicable to the property are self-imposed by the
owner. This includes:

a. A hardship that has been intentionally, knowingly, or recklessly
created.

b. The failure of the owner to consider other reasonable alternatives,
which do not require a variance.

c. The variance would constitute a change to the uses permitted in any
zoning district.

d. The variance would constitute a grant of special privileges
inconsistent with the limitations on other properties in the zoning
district.

D. Application Process

Applications for variances shall conform with the provisions of Section 35.6.202. Applications
shall be made in the office of the Development Services Department on an application form with
required documentation specified on guidelines provided by the Development Services
Department and accompanied with required fees. After the Development Services Department
has determined that an application is complete, the application shall be routed for formal review
and comment by staff, and a public hearing with the Board of Adjustment will be scheduled.

D. E. Appeal Decision; Interpretations

The Board of Adjustment may hear appeals to staff Interpretations. When hearing such an
appeal, the Board shall consider the nature of the request and determine if staff’s interpretation
and/or decision was made in accordance with the intent of the guiding regulation, was made in
accordance with known state or federal law, and if the decision advances the principles and
values of the City of Glendale. The Board of Adjustment may confirm, overturn, or modify staff’s
decision.

E. F. Decision; Variances

Variances The Board of Adjustment may approve, conditionally approve, or deny variance
requests. In the event the Board of Adjustment determines that the applicant has provided
adequate evidence that aligns with the conditions set forth above in Section 35.6.209.B, it may
approve or conditionally approve the variance. Approval may be granted only upon the
affirmative vote of the majority of the Board members present.

F. G. Effective Date of the Variance or Appeal

The decision of the Board of Adjustment shall be final thirty (30) calendar days from the date of
the public hearing unless an appeal is filed as provided for in this ordinance.

G. H. Appeal to Superior Court

The City, the applicant, or any person aggrieved by a decision of the Board of Adjustment may
within thirty (30) calendar days of the Board's decision, file a complaint for special action in
Superior Court in accordance with A.R.S. § 9-462.06(K) now in effect or as it may be amended
from time to time.

H. I. Revocation of a Variance

When provisions of this ordinance related to the variance, or conditions or stipulations, made a
part of the variance approval, have not been satisfied, the variance may be revoked as follows:

The Board of Adjustment shall, by first class mail, notify the holder of the variance of its intention
to hold a hearing to consider revocation of the variance. The notice shall be made at least
fifteen (15) days prior to date of the scheduled hearing. At the hearing, the Board of Adjustment
shall consider evidence from all interested parties, and after deliberation, may revoke the
variance or take any actions as may be necessary to ensure compliance with the regulations or
conditions of the approved variance.

I. J. Re-application

Where a variance or appeal has been denied, no application for a variance or appeal for the
same or substantially the same issue on the same or substantially the same site shall be filed
within one hundred eighty (180) days from the date of denial.

J. K. Applicability of the Variance

Except as may be otherwise stipulated or provided in this Zoning Ordinance, a variance granted
pursuant to provisions of this article shall run with the land and continue to be valid upon a
change of ownership of the site or structure which was subject to the variance.

If you have any questions or concerns regarding the request, please contact me directly at
(623)930-2553, via email at clavelle@glendaleaz.com, or provide comments in writing by July
10, 2024. You will also have an opportunity to comment at public hearings before the Planning
Commission and City Council at a future fate. You will receive separate noticing for each hearing.

Thank you for your participation.

Sincerely,

Christina LaVelle
Senior Planner

Enclosure:
Draft Text Amendment

cc:
Mayor’s Office

City Council Office
City Manager’s Office

Randy Huggins, Development Services Director

Tabitha Perry, Deputy Director, Development Services

Tawanda Walker-Hall, Administrative Supervisor

Attachment A
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Attachment B