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Record of Proceedings

Tempe Board of Adjustment Meeting - April 28, 2010

Board of AdjustmentWednesday, April 28, 2010
BodyTempe, Arizona
SessionBoard of Adjustment
DateWednesday, April 28, 2010
StatusFILED
Video Record

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Transcript — Verbatim
0:41

Good evening.

0:43

To uh the Board of Adjustment Meeting, April 28th, 2010.

0:51

I'm Joe Erdondo sitting in for Chairman Dave Mazza.

0:56

I'd like to introduce our commission.

1:01

We have John Peluskas, Chris Dodd, Wallace Stem, John Gillian, and Matt Tallion.

1:14

And from staff, we have Steve Abrahamson and Sherry Lesser.

1:24

I'd like the board members to take a look at the minutes from our last meeting.

1:30

Those that were present.

1:33

May make a motion.

1:44

I'd like to make a motion to approve the minutes of the March 24th, 2010 Board of Adjustment Meeting.

1:51

Okay, thank you.

1:52

Is there a second?

1:55

Thank you.

1:57

Second set.

1:59

Any discussion?

2:02

Okay.

2:02

Those in favor?

2:04

Raise your right hand.

2:06

I choose it.

2:08

Okay.

2:10

Four zero.

2:11

Thank you.

2:18

Today or tonight, I should say, uh, we'd like to hear from staff and see if there are any uh changes to our agenda.

2:33

Mr.

2:33

Chairman.

2:35

Um tonight we will only be hearing one case this evening.

2:40

Our first case, the appeal of the July 5th hearing officer decision to abate the property for the Frowley residents at 1103 East Palmcroft Drive in the R16 Single Family District, has been withdrawn administratively.

2:56

The property is no longer required to be will no longer be abated by our neighborhood enhancement department.

3:04

Do we need a motion to accept that appeal?

3:07

No, that's just noticeable records.

3:10

Okay, thank you.

3:11

And our second appeal.

3:15

Yes, I'll be happy to read it into record.

3:18

Okay.

3:18

Our next case is an appeal of the January 5th, 2010 hearing officer decision to deny the request by the Verizon Wireless.

3:27

Um wireless located at 3207 South Wilson Street in the GID General Industrial District.

3:35

The request is a variance to weigh the mechanical equipment screening on three sides of the building.

3:57

Mr.

3:58

Chair.

3:59

For the record, this property is located north of Southern, once we focus it, north of Southern, and east of Roosevelt, in the industrial area that is bordered by Broadway Southern and east of Mill.

4:17

The applicant, as I stated, is here to appeal a hearing officer request, hearing offer decision which denied their request for mechanical screening for new mechanical equipment that will be placed on the building.

4:31

There's an aerial for review.

4:34

As I stated in pre-session, this is an appeal brought forward by the applicants.

4:40

So it is their case to uh present to you tonight.

4:43

And I'll be happy to answer any questions if you have any clarifications from staff.

4:47

Any questions?

4:50

Okay, can we hear from the applicant?

5:02

Good evening.

5:04

My name is Mike Sacco.

5:06

I'm a resident of North Tempe.

5:09

Uh 14-year resident of North Tempe.

5:12

I work for a real estate investment trust company named East Group Properties.

5:17

We own eight buildings in Tempe, totaling 446,000 square feet.

5:23

Our properties are attractive, well kept, and not in danger of foreclosure, as that and as that is an issue with some commercial property owners these days.

5:32

We take pride in our properties, and uh you can see that by by looking at them.

5:37

Mr.

5:38

Sacco, can I interrupt you for one minute?

5:41

Do you mind?

5:42

I I need to let you know that we are not a full board tonight.

5:47

There's only six of us here.

Discussion Breakdown — Share of Meeting
Code Enforcement█████████████████████████████████████████████45%
Zoning and Land Use█████████████████████████████████████████41%
Procedural██████████10%
Engineering And Infrastructure████4%
Summary of Proceedings

Tempe Board of Adjustment Meeting - April 28, 2010

The Board of Adjustment met on April 28, 2010, with six members present to consider two agenda items. The meeting began with approval of the March 24 minutes and the withdrawal of one case. The main discussion concerned an appeal by Verizon Wireless of a hearing officer's decision denying a variance for mechanical screening on a building at 3207 South Wilson Street.

Consent Calendar

  • The minutes of the March 24, 2010 Board of Adjustment meeting were approved unanimously (4-0).
  • The first agenda item (Frawley Residence appeal) was withdrawn administratively; the property was no longer subject to abatement by the Neighborhood Enhancement Department.

Discussion Items

  • Verizon Wireless Variance Appeal (PL090471): Mike Sacco (East Group Properties) and Kellie Sweat (Willmeng Construction) appealed the hearing officer's denial of a variance to waive mechanical equipment screening on three sides of the building. The applicant stated that they replaced old 61-inch-tall evaporative coolers with new 47-inch-tall heat pumps (14 inches lower) and relocated them toward the center of the roof. They argued that installing the required metal screening would require hundreds of roof penetrations through a new $145,000 roof, risking leaks and water damming. They offered to paint the units green to match the building's accent band and committed to using the estimated $23,400 screening cost to upgrade interior lighting in another Tempe building to energy-efficient T5 fluorescent fixtures, reducing power consumption by 75%. Board members discussed line-of-sight visibility and whether the variance criteria were met. Staff read the variance requirements, noting that special circumstances must be applicable to the property and not self-imposed.

Key Outcomes

  • The Board voted unanimously (6-0) to overturn the hearing officer's decision and grant the variance appeal, waiving the mechanical equipment screening requirement. The motion was made by John Peluskas and seconded by Chris Dodd. The Board acknowledged the improvement over the previous equipment and the alternative environmental benefit of the lighting upgrade.
  • The meeting was adjourned at approximately 6:45 PM (local time).

Meeting Transcript

Good evening. To uh the Board of Adjustment Meeting, April 28th, 2010. I'm Joe Erdondo sitting in for Chairman Dave Mazza. I'd like to introduce our commission. We have John Peluskas, Chris Dodd, Wallace Stem, John Gillian, and Matt Tallion. And from staff, we have Steve Abrahamson and Sherry Lesser. I'd like the board members to take a look at the minutes from our last meeting. Those that were present. May make a motion. I'd like to make a motion to approve the minutes of the March 24th, 2010 Board of Adjustment Meeting. Okay, thank you. Is there a second? Thank you. Second set. Any discussion? Okay. Those in favor? Raise your right hand. I choose it. Okay. Four zero. Thank you. Today or tonight, I should say, uh, we'd like to hear from staff and see if there are any uh changes to our agenda. Mr. Chairman. Um tonight we will only be hearing one case this evening. Our first case, the appeal of the July 5th hearing officer decision to abate the property for the Frowley residents at 1103 East Palmcroft Drive in the R16 Single Family District, has been withdrawn administratively. The property is no longer required to be will no longer be abated by our neighborhood enhancement department. Do we need a motion to accept that appeal? No, that's just noticeable records. Okay, thank you. And our second appeal. Yes, I'll be happy to read it into record. Okay. Our next case is an appeal of the January 5th, 2010 hearing officer decision to deny the request by the Verizon Wireless. Um wireless located at 3207 South Wilson Street in the GID General Industrial District. The request is a variance to weigh the mechanical equipment screening on three sides of the building. Mr. Chair. For the record, this property is located north of Southern, once we focus it, north of Southern, and east of Roosevelt, in the industrial area that is bordered by Broadway Southern and east of Mill. The applicant, as I stated, is here to appeal a hearing officer request, hearing offer decision which denied their request for mechanical screening for new mechanical equipment that will be placed on the building. There's an aerial for review. As I stated in pre-session, this is an appeal brought forward by the applicants. So it is their case to uh present to you tonight. And I'll be happy to answer any questions if you have any clarifications from staff. Any questions? Okay, can we hear from the applicant? Good evening. My name is Mike Sacco. I'm a resident of North Tempe.

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