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Record of Proceedings

Tempe Board of Adjustment Meeting – March 28, 2018

Board of AdjustmentWednesday, March 28, 2018
BodyTempe, Arizona
SessionBoard of Adjustment
DateWednesday, March 28, 2018
StatusFILED
Video Record

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Transcript — Verbatim
0:03

All right, so I will call the meeting to order.

0:06

Thank everyone for coming here, ladies and gentlemen.

0:09

We're gonna have a short uh agenda tonight.

0:12

Um first we have our opening statement, which I'm required to read.

0:16

The Board of Adjustment is authorized by the Arizona revised statutes and the City of Tempe zoning ordinance.

0:22

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 uh official aggrieved by the decision of a person responsible for the enforcement of the zoning ordinance.

0:41

The board has the City of Tempe Community Development Staff Summary Reports on the items being considered at this meeting and will use this report in their deliberations.

0:51

Um I'd like to introduce our city staff tonight.

0:53

We have with us Miss Diane McGuire.

0:58

Uh Lee Jimenez and Steve Abramson.

1:01

Uh also to introduce our board members who are present tonight.

1:05

Um like to give everyone an opportunity to introduce themselves.

1:08

I'll start at my left, please.

1:11

James Frasing.

1:14

Dave Noggle.

1:16

Uh Jack Confer.

1:18

Richard Watson.

1:20

Whitney Baker.

1:22

Thank you, and I am Chairman David Lyon.

1:24

So having taken care of roll call, our first item on the agenda will be consideration of the meeting minutes.

1:30

We have had a chance to review them in our study session and found that there were a few corrections to make.

1:36

Um I will hear a motion on those minutes.

1:44

I motion that we make the correction uh as noted in our meeting.

1:48

That do you need the specific correction?

1:52

We don't.

1:53

Okay.

1:53

Then with the correction, we accept these meeting minutes.

1:57

Um motion to accept the meeting minutes with corrections by board member Baker.

2:01

Do I hear a second?

2:03

Second.

2:04

Second and by uh Vice Chair Frazy.

2:07

Um all in favor by show of hands, please.

2:12

And the motion passes 60.

2:14

Thank you.

2:15

Our second item is um PL 18006, Blue Dragon Vapor.

2:25

Um appellant has been informed that because we are short staffed, they have the option to continue.

2:32

Um, just so that it's on the record.

2:34

Um, could I have one of you approach the uh the podium here and uh we'll get your name, place of residence on the record and confirm that you're okay with continuing.

2:46

David Barnell.

2:48

What else?

2:48

I'm sorry.

2:49

Uh sorry, your place of residence, please.

2:51

Um my address.

2:54

All the city, I I apologize.

2:55

Um, I currently live in Mesa, but we our business is in Tempe.

2:59

Okay.

2:59

And you're okay with continuing the case until May 23rd.

3:03

Is that correct?

3:04

Yes, sir, I am.

3:05

Okay, great.

3:06

Thank you very much.

3:07

All right, so with that, um I think we all know the facts.

3:11

Can I hear a motion regarding continuing the case?

3:16

Make a motion to continue to the next available date.

3:22

Okay, um, I would like to edit that slightly.

3:26

Um the appellant has asked actually for the May 23rd date as opposed to the April.

3:31

Would you be okay with revising your motion?

3:34

I'd like to withdraw my motion and make a motion to continue this matter till the May 23rd.

3:41

23rd scheduled quarter meeting.

3:45

Thank you, Board Member Conver.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████70%
Zoning and Land Use███████████████████30%
Summary of Proceedings

Tempe Board of Adjustment Meeting – March 28, 2018

The Tempe Board of Adjustment met on March 28, 2018, at 2:15 PM to approve previous meeting minutes with corrections and to address a continuation request for an appeal regarding a variance for a tobacco retailer near a school.

Consent Calendar

  • Meeting Minutes (February 28, 2018): The board approved the minutes with noted corrections by a unanimous vote of 6-0.

Discussion Items

  • Blue Dragon Vapor Appeal (PL180006): The appellant, David Barno (business located at 6473 South Rural Road, Tempe; residence in Mesa), was informed of the option to continue due to short staffing. Barno confirmed he was okay with continuing the case to the next available date. The board voted to continue the appeal to the May 23, 2018 meeting, with a motion and second, passing 6-0.

Key Outcomes

  • Approval of Minutes: Unanimously approved with corrections (6-0).
  • Continuation Granted: The appeal of the Hearing Officer's denial of a variance for Blue Dragon Vapor was continued to May 23, 2018, by a unanimous vote (6-0).
  • Adjournment: The meeting was adjourned with one abstention noted.

Meeting Transcript

All right, so I will call the meeting to order. Thank everyone for coming here, ladies and gentlemen. We're gonna have a short uh agenda tonight. Um first we have our opening statement, which I'm required to read. 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 uh 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 will use this report in their deliberations. Um I'd like to introduce our city staff tonight. We have with us Miss Diane McGuire. Uh Lee Jimenez and Steve Abramson. Uh also to introduce our board members who are present tonight. Um like to give everyone an opportunity to introduce themselves. I'll start at my left, please. James Frasing. Dave Noggle. Uh Jack Confer. Richard Watson. Whitney Baker. Thank you, and I am Chairman David Lyon. So having taken care of roll call, our first item on the agenda will be consideration of the meeting minutes. We have had a chance to review them in our study session and found that there were a few corrections to make. Um I will hear a motion on those minutes. I motion that we make the correction uh as noted in our meeting. That do you need the specific correction? We don't. Okay. Then with the correction, we accept these meeting minutes. Um motion to accept the meeting minutes with corrections by board member Baker. Do I hear a second? Second. Second and by uh Vice Chair Frazy. Um all in favor by show of hands, please. And the motion passes 60. Thank you. Our second item is um PL 18006, Blue Dragon Vapor. Um appellant has been informed that because we are short staffed, they have the option to continue. Um, just so that it's on the record. Um, could I have one of you approach the uh the podium here and uh we'll get your name, place of residence on the record and confirm that you're okay with continuing. David Barnell. What else? I'm sorry. Uh sorry, your place of residence, please. Um my address. All the city, I I apologize. Um, I currently live in Mesa, but we our business is in Tempe. Okay. And you're okay with continuing the case until May 23rd. Is that correct? Yes, sir, I am. Okay, great.

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