Tempe Board of Adjustment Meeting - November 15, 2017
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Tempe Board of Adjustment Meeting - November 15, 2017
The Tempe Board of Adjustment met on November 15, 2017, to consider the approval of previous meeting minutes and an appeal of a hearing officer's decision regarding a public nuisance abatement at 625 West 3rd Street. A third agenda item regarding a variance appeal was postponed due to improper posting.
Consent Calendar
- The board unanimously approved the meeting minutes from the study session and formal meeting of October 25, 2017.
Public Comments & Testimony
- Margaret Strength (621 W 3rd St., neighbor to the east) spoke on behalf of appellant William Gay, stating he is a good neighbor and making progress on cleanup. She requested the city allow him more time, suggesting at least 90 days, and expressed that the city is overreaching.
- Randolph Strength (neighbor) echoed his wife's comments, noting Mr. Gay works on cleanup constantly and that it seems unfair the city would have 180 days to abate while Mr. Gay cannot have an additional 60–90 days given his financial constraints. He attested to Mr. Gay's character as a helpful neighbor.
Discussion Items
- Appeal of Hearing Officer's Decision – Gay Property (625 W 3rd St.):
- Staff presentation by Lee Jimenez (senior planner): Property has been in violation since January 13, 2017, for trash, debris, discarded appliances, furniture, metals, construction material, roof tile, shingles, tarps, and vehicle parts. Hearing officer approved a 180-day open abatement on September 19, 2017. Appellant William Gay appealed on October 3, 2017, requesting dismissal or more time. Staff noted no public input received except from neighbors.
- Appellant William Gay testified: He supplements income by recycling metals; the market dropped three years ago, causing stockpiling. He has been working on cleanup, estimating 60–70% removed. He needs about two more months. He clarified that he is tired of the scrap business and recently got a new plumbing job, so the issue will not recur. He also expressed confusion about what items can remain in the backyard, noting the backyard is screened from the street and alley.
- Board questions and discussion:
- Mr. Lyon asked about the timeline and progress. Staff estimated 50% removal.
- Mr. Bazakas inquired about financial hardship and lack of city programs to help. Ms. Brazil noted concern that the city has no programs to assist those in financial need, relying on liens.
- Mr. Strain suggested staff provide detailed clarification of what needs to be removed.
- Mr. Coffer raised concern about recidivism if Mr. Gay continues scrap business; Mr. Gay stated he intends to stop.
- Mr. Nagel noted an ordinance against operating a business in a residence, but staff clarified the violation is only for debris, not business.
- Board consensus to grant additional time with conditions. Mr. Lyon moved to approve the appeal with a condition giving Mr. Gay 90 days to abate the property himself, after which the city's 180-day abatement would commence. Motion seconded and passed unanimously.
Key Outcomes
- The board approved the appeal of the hearing officer's decision regarding the Gay Property with a condition: William Gay is granted 90 days from November 15, 2017, to bring the property into compliance by removing all nuisance items. If not completed within 90 days, the city will proceed with the abatement. The city staff will provide a detailed list of items to be removed and inspect after 60 days to assess progress.
- Agenda item 3 (Quick Quack Car Wash variance appeal at 5201 S. McClintock Drive) was continued to the December 20, 2017 meeting due to improper property posting.
Meeting Transcript
Good evening. Welcome to the City of Tempe's Board of Adjustment for Wednesday, November 15th, 2017 meeting. I'm Jan Sell, the chairman, and I'd like to introduce the city members that are here this evening. Steve Abramson for in there, and then Lee Jimenez and Sarah Adame. The first item for the business is the consideration of the meeting minutes from our last meeting on October 25th, 2017. Mr. Lyon. I move that we approve the meeting minutes. It's been moved by Mr. Lyon that the uh the meeting minutes be approved. I hear a second. I second then. The second by uh David Nagel. All those in favor, just say aye. All right. Opposed. It's been uh unanimously approved. The minutes the third there's two more items on the agenda, and one of the items will not be heard tonight, and that was a request for appeal on October 3rd, 2017 hearing officer's decision to approve a variance to reduce the required landscape buffer from the street sidewalk for a maneuvering lane from 20 feet to 11 feet eight inches for quick clack car wash PL 170240 located at 5201 South McClintock Drive. The appellant is the rose law group. Since um it was decided yesterday, I believe that uh the property wasn't properly posted. That this meeting here this item will be moved to the December meeting on December 20th. Is there anyone here in the audience that is here for that particular case? Okay, and just to see it just to see if I can keep so well. If you have any comments, you can give written comments and give them uh to the city, and we'll consider them at the next meeting. And you're welcome to come back on December the 20th. Okay, thank you. The next case is for a request of up for an appeal of the September 19th, 2017 hearing officer's decision to approve the request to abate public nuisance items at the gay property PL 170321 slash CE 170321, located at 625 West Third Street. The applicant is William Gay. Good evening. My name is Lee Jimenez. I'm a senior planner with the community development department in the planning division. The gay property is located on lot 16 of the Roosevelt Edition Subdivision, which is situated west of South Roosevelt Street. Um excuse me, west of South Roosevelt Street and south of West Third Street of the R16 Single Family Residential District. The property has been in violation since January 13th, 2007 for trash, litter, and debris consisting of discarded appliances, furniture, metals, construction material, roof tile, shingles, tarps, and vehicle parts among other items. On September 19th, 2017, the hearing officer heard and approved the request by the city for a hundred and eighty-day open abatement for the newisance items. At the hearing, Mr. Gay explained that personal circumstances have prevented him from bringing the site into compliance. His neighbor to the West, Mike Myers, spoke during the comment public comment period and requested leniency on behalf of Mr. Mr. Gay. Mr. Gay uh formally appealed the hearing officer's decision on October 3rd, 2017. In Mr. Gay's appeal, he's requesting dismissal the abatement to seek additional time to bring the property into compliance. Furthermore, Mr. Gay sites at the code compliance division has not been clear regarding what can remain in this backyard, considering that it is screened from the street and alley. To date, staff has not received any public input. Code enforcement officer Andres uh Later Reyes is on hand to answer any questions related to the abatement request and provide any update on Mr. Gay's progress towards compliance. Approval of this appeal in effect, overturn the hearing officer's decision to approve the abatement.
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