Board of Adjustment Meeting - February 28, 2018
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Board of Adjustment Meeting - February 28, 2018
The Tempe Board of Adjustment held a meeting on February 28, 2018, to elect a chair and vice chair, approve previous meeting minutes, and hear an appeal of a hearing officer's decision to grant a 180-day abatement for nuisance conditions at the Davis property (513 East Fremont Drive).
Consent Calendar
- Approval of Meeting Minutes (December 20, 2017): The board approved the minutes of the December 20, 2017 study session and formal meeting. The motion passed 7-0, with one member abstaining due to non-attendance at that session.
Public Comments & Testimony
- No public comments were made during the meeting.
Discussion Items
- Election of Officers: The board elected David Lyon as chair and James Fraze as vice chair. Both motions passed unanimously (7-0).
- Appeal of the Davis Property Abatement: The board considered an appeal by Ms. Sarah Davis of the January 16, 2018 hearing officer's decision to approve a 180-day open abatement for trash and debris at 513 East Fremont Drive. Ms. Davis cited personal circumstances (injury and mobility issues) that prevented cleanup and requested a 60-day extension. Board members discussed the lack of progress, with some expressing sympathy but noting the need for code compliance. Staff clarified that the appeal, if granted, could allow a conditional period before abatement.
Key Outcomes
- Davis Property Appeal: The board voted 5-2 to grant the appeal with a condition: Ms. Davis is given 60 days to remove all items and bring the property into code compliance. If not completed in that time, the 180-day abatement will automatically take effect.
- Meeting Adjourned: The meeting was adjourned following the vote.
Meeting Transcript
I forgot. Thank you. I've been reminded to push my microphone button. So let's try again. Welcome to Board of Adjustments for February 28th, 2018. We'll get our meeting called to order here. First thing we do is we have a statement regarding purpose of the Board of Adjustments, which I'll read now. The Board of Adjustment is authorized by the Arizona Revised Statutes and the City of Tempe zoning ordinance. Its function is to grant relief where a literal enforcement of the zoning ordinance would result in an unnecessary property hardship 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 the items being considered at this meeting, and we'll use this report in their deliberations. Also like to uh point out that we have with us tonight uh two members of city staff. Um, one who has uh left the premises temporarily, but Steve Abramson is with us as well as Diane McGuire. Um I think now our next order of business requires Mr. Abramson. So I suppose we'll hope that he is swift. Did he run to get something? All right. Well, I've been I've been reminded to introduce our board members, so let's do that now. Um, if we could have each of our board members introduce themselves, uh, let's start at our left here. James Frazy, John Pazalskis, Kevin Collins, I'm David Lyon, Dave Nogle, Richard Watson, and Whitney Baker. Uh so with that, we'd like to welcome our two new board members. Thank you for serving here with us. And um, it appears we now have Mr. Abramson with us again. My apologies. Uh, is to elect a new chair and a vice chair. And uh sorry, out of breath, had to run. So I leave that up to uh Mr. Lyon to ask for a motion. Okay, thank you, Mr. Abramson. So our first order of business is to have a motion to elect our new chairperson. Do I hear a motion regarding that? I make a motion to board member Frazy. I make a motion to elect Dave Lyons as our new uh chair. Do I hear a second? I second that motion. Okay, so the motion is put forth by board member Frazy, seconded by board member Cullins, and the motion is to call David Lyon as chair. Uh all those in favor, please indicate by show of raised hand. And I see seven raised, so all those opposed is zero, I presume. Okay, so that passes seven zero. Uh, we'd like now to hear a motion for vice chair. Do I hear such a motion? Um I'll make a motion to uh to nominate James Frazi as the vice chair. Motion is from Board Member Pazaskis for Board Member Frazy to be a new vice chair. Do I hear a second? I second the motion. Board Member Baker, thank you. All those in favor of placing board member Frazi in as our new vice chair, please indicate by raise of hand. And that passes 7-0.
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