Attachment E - Appeal - PHO-1-20---Z-242-81-6.pdf

Attachment E

CITY OF PHOENIX
PLANNING AND DEVELOPMENT DEPARTMENT

FORM TO REQUEST PC to CC
| HEREBY REQUEST THAT THE CC HOLD A PUBLIC HEARING ON: 11/4/2020

APPLICATION NO/ | PHO-1-20--Z-242- | (SIGNATURE ON ORIGINAL IN FILE)
LOCATION . 81-6 opposition | x applicant
Northwest corner of
32nd Street and
Turney Avenue
APPEALED FROM: | 10/1/2020 Bobby Berland
602-315-0680
tim@timlasota.com
PC DATE NAME / PHONE/ EMAIL
TO CC 11/4/2020 3135 East Turney Avenue
HEARING Phoenix, AZ 85016
CC DATE STREET ADDRESS/CITY/STATE/ZIP.

REASON FOR REQUEST:

The stipulation that was attached to this zoning case in the early 1980s to limit the
height of the building on the southern portion of the property, the portion of the
property closest to residences, was clearly important to the rezoning. Undoubtedly,
this was a concession from the rezoning applicant at that time, that the building would
be kept to one story. Now the application seeks to take away what was conceded as
acondition of securing the prior zoning. And they do not provide any real reason for

affected area.

this either, except for their own convenience. It is very important that zoning
applicants not be permitted to offer a concession to secure zoning and then
subsequently remove it, against the wishes of those property owners closest to the

Removing the stipulation also allows for a two-story building and parking garage that
is nearly on top of the property line. This will have a negative impact on the privacy of
the nearby homeowners, as well as be aesthetically unpleasing.

RECEIVED BY:

| Michael Pierce

| RECEIVED ON: | 10/7/2020

Alan Stephenson
Joshua Bednarek
Tricia Gomes
Racelle Escolar
Stephanie Vasquez
Leah Swanton
Vikki Cipolla-Murillo
Danielle Jordan
Village Planner

CITY OF PHOENIX

wy |
OCT 07 2020

City of Phoenix
PLANNING AND DEVELOPMENT DEPARTMENT

Planning & Development
The PLANNING COMMISSION agenda for October 1, 2020 is attached. Department

The CITY COUNCIL may approve the recommendation of the Planning Commission without further
hearing unless:

1. A REQUEST FOR A HEARING by the CITY COUNCIL is filed within seven (7) days.
There is a $630.00 appeal fee for hearings requested by the applicant, due by 5:00 p.m. October 8, 2020.

Any member of the public may, within seven (7) days after the Planning Commission's action, request a
hearing by the City Council on any application. If you wish to request a hearing, fill out and sign the form
below and return it to the Planning and Development Department by 5:00 p.m., October 8, 2020.

2. AWRITTEN PROTEST is filed, no later than seven (7) days after the Planning Commission's action, which
requires a three-fourths vote. A written protest will require a three-fourths vote of the City Council to
approve a zoning change when the owners of at least 20 percent of the property by area and number of
lots, tracts, and condominium units within the zoning petition area have signed the petition. The zoning
petition area includes both the area of the proposed amendment, and the area within 150 feet of the
proposed amendment, including all rights-of-way. For condominium, townhouse and other types of
ownership with common lands, authorized property owner signatures are required. Please see Planning
and Development Department Staff for additional information prior to gathering signatures.

To require a three-fourths vote of the City Council for approval, a written protest for applications on this
agenda must be filed with the Planning and Development Department by 5:00 p.m. October 8, 2020.

The Planning and Development Department will verify ownership by protestors to determine whether or not
a three-fourths vote will be required.

3. A CONTINUANCE is granted at the PLANNING COMMISSION. In the event of a continuance, there is an
$830.00 fee due from the applicant within fourteen (14) days, by 5:00 p.m. October 15, 2020.

FORM TO REQUEST CITY COUNCIL HEARING
| HEARBY REQUEST THAT THE CITY COUNCIL HOLD A PUBLIC HEARING:

PHO - 4- bu-2-242-91-G Northwest comer ve Send St. 4 Tum -y
APPLICATION NO. LOCATION OF APPLICATION SITE AY e
[O-1: Ae Michool Pierce Ia | 4/20 c
DATE APPEALED FROM PPOSITION PLANNER ae)
(0 APPLICANT (PLANNER TAKING THE APPEAL)

B MY SIGNATURE BELOW, | ACKNOWLEDGE CITY COUNCIL APPEAL:

Bobby Berlang BRoeey BeQU4eND _

PRINTED NAME OF PERSON APPEALING

3139 E Tuley Ab ; 10/6/20

STREET ADDRESS U DATE OF sleeiee
= v7
PhocoaN AE SSWo bor 315 “068 0 oe
CITY, S Atel & ZIP CODE “TELEPHONE NO.
tind. Finrlaseta - (OM.
EMAIL ADDRESS
REASON FOR REQUEST

APPEALS MUST BE FILED IN PERSON AT 200 WEST WASHINGTON, 2ND FLOOR, ZONING COUNTER

REASON FOR REQUEST (Attachment to form completed for appeal to City Council):

The stipulation that was attached to this zoning case in the early 1980's to
limit the height of the building on the southern portion of the property, the portion of the
property closest to residences, was clearly important to the rezoning. Undoubtedly, this was a
concession from the rezoning applicant at that time, that the building would be kept to one story.
Now the applicant seeks to take away what was conceded as a condition of securing the prior
zoning. And they do not provide any real reason for this either, except for their own convenience.
It is very important that zoning applicants not be permitted to offer a concession to secure zoning
and then subsequently remove it, against the wishes of those property owners closest to the
affected area.

Removing the stipulation also allows for a two-story building and parking garage that is nearly
on top of the property line. This will have a negative impact on the privacy of the nearby homeowners,
as well as be aesthetically unpleasing.