Tempe Board of Adjustment Hearing on Simpson Property Abatement Appeal - October 26, 2011
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Tempe Board of Adjustment Hearing on Simpson Property Abatement Appeal - October 26, 2011
The Board of Adjustment met on October 26, 2011, at 2:15 PM (local time) to approve the minutes of the August 24, 2011 meeting and hear an appeal of the September 6, 2011 Hearing Officer's decision to approve an abatement for the Simpson Property at 1714 South Parkside Drive. The tenant, David Whisler, appealed the abatement, stating he was unaware of the hearing and had partially addressed the violations. The Board unanimously affirmed the hearing officer's decision.
Consent Calendar
- Approval of the August 24, 2011 meeting minutes was moved and seconded. The motion passed with a voice vote of all ayes, except Christopher Debo abstained (absent). The board also noted to change the wording from "dissenters" to "disapproved" in the minutes.
Public Comments & Testimony
- No members of the public other than the applicant and city staff addressed the board.
Discussion Items
- Appeal of Abatement (PL110295 / ABT11034): David Whisler, tenant at 1714 South Parkside Drive, appealed the September 6, 2011 Hearing Officer's decision to approve an abatement for junk/debris, inoperable vehicles, and landscape issues. Whisler stated he thought he had complied after receiving notices, but missed the hearing because he believed the matter was resolved. He requested more time to complete the cleanup.
- Staff (Code Enforcement Inspector Shawn Daffara) presented the history: a complaint on May 27, 2011; first and final notices sent on June 7 and June 7 (sic) with reinspection on June 21; no changes; first personal contact on July 8, 2011, when Whisler said he thought notices were junk mail. A civil citation was issued and Whisler failed to appear, resulting in default judgment. The abatement request was filed and approved on September 6. As of October 26, the front yard and carport were cleaned, but the backyard remained unchanged, with an inoperable Jeep moved to the backyard (visible from alley) and other debris undisturbed. Staff noted that chain-link fencing does not permit inoperable vehicles, unlike solid block walls.
- Whisler testified he has been a tenant for 22 years and has addressed prior complaints (2005-2008) that were closed. He committed to finishing the cleanup within 30 days and proposed installing slats in the fence or using car covers to hide vehicles. Staff clarified slats would not hide vehicles taller than the fence.
Key Outcomes
- Motion: Board member moved to affirm the Hearing Officer's decision to approve the abatement (PL110295 / ABT11034). Motion was seconded and passed unanimously by voice vote (no dissent).
- Next Steps: The abatement remains in effect with a 180-day compliance period from the original hearing officer's decision. Whisler has a 30-day appeal period to Superior Court from this board's decision. Staff advised Whisler that he may continue cleanup to reduce costs; the bill will be adjusted for work not needed. If not paid, a lien may be placed on the property.
- Adjournment: The board adjourned after the vote.
Meeting Transcript
Good evening and welcome to tonight's uh public hearing of the Board of Adjustments. I'd like to call this meeting to order. The Board of Adjustments is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance. Its function is to grant relief where the literal enforcement of the zoning ordinance would result in an unnecessary property hardship, or to interpret provisions of the zoning ordinance and to hear appeals from any person or city official aggrieved by the decision of a person responsible for the enforcement of the zoning ordinance. The Board has the City of Tempe Community Development Staff Summary Reports on items being considered at this meeting and will use this report in our deliberations. All applicants and interested citizens uh when you request uh when your request is called, or if you wish to address the board, please make sure that you fill out a card that's available uh from staff and that you would come to the microphone, speak up, state your name and your uh location, and uh and then we will be able to listen to you at this deal. Uh the Board of Adjustments is ready now to hear. Uh we first want to approve the minutes of our last meeting. Mr. Chairman, I so move that the minutes will be August 24th, 2011 be approved. Board of ourselves, we have a motion. We have a second. Let's take a vote. All in favor, say aye. Aye. As opposed. I believe Christopher Debo would abstain for not being at the meeting. And we have no dissenters. We have no dissenters tonight. Not yet. We approve the minutes just with the note that uh the concept of dissenters portrays uh Dr. Stem and me in a negative light. If it's okay, we can change it at disapproved. Can that be noted, staff? Terrific. The uh the uh appeal brought to us tonight as a request to appeal the nine uh the September 6th hearing officer's decision to approve the request of the City of Tempe for an abatement of the Simpson property. Case number is PL 110295, property located at 1714 South Parkside Drive. Uh the abatement is numbered ABT 11034. Uh to begin uh brief description of the property, Ms. Lesser, senior planner for the city will begin. Mr. Chairman, members of the board. Um, as you stated, this is an appeal of an abatement approved by the hearing officer back on September 6th. For reference, this property is located north of Broadway and west of Hardy in the neighborhood. Um sorry, I don't know the name of the subdivision, but it's located in the in the neighborhood along Parsite Drive. Um we have received an appeal from the tenant of the property, and he will be the applicant representing the property owner tonight. Now I'll be happy to answer any questions, or we'll turn it over to the applicant. Perfect. Thank you. Is the applicant here? Would you please speak the uh step to the microphone? State your name and address. I'm the sole uh resident at 1714 South Parkside Drive. And uh I have uh appealed the abatement that was uh jet judged on uh September 6th because uh because it had actually come up as a surprise to me that it would be uh uh done. I thought I um I had done work that I thought was uh requested by the city by code enforcement uh to clean up some areas of that property and take care of uh the the uh uh vehicles that were in the carport uh and uh the trash was there. I thought I I had done work that I thought was uh requested by the city by code enforcement uh to clean up some areas of that property and take care of uh the the uh inoperable uh vehicles that were in the carport uh and the the trash was there, and uh and so I I missed the hearing and uh I would have come to appeal at that point or to say my case, but uh so then when I found the if the abatement was approved, then I made the appeal to uh uh to try to uh to try to remedy the situation myself without having the city have to come in and uh do that work. So that's basically uh I was uh again. I thought I had really fulfilled what was expected, and uh so that's why I did not uh I I guess I assumed that the the uh appeal or that the hearing would not take place, but I didn't I did not check to see that it was gonna go through. That's my you understand the abatement process that's presented before you um I believe I do. Uh I can't be there, I'm not totally sure.
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