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Record of Proceedings

Tempe Board of Adjustment Meeting - June 23, 2021: Variance Request Continued

Board of AdjustmentWednesday, June 23, 2021
BodyTempe, Arizona
SessionBoard of Adjustment
DateWednesday, June 23, 2021
StatusFILED
Video Record

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Transcript — Verbatim
0:01

Well then let's call our meeting to order.

0:04

Welcome to the Board of Adjustment for City of Tempe for June 23 2021.

0:12

We have a somewhat abbreviated agenda, folks, and we're gonna have some more discussion about how that agenda goes, but we thank you for joining us one way or another.

0:23

First up, uh let's introduce those that we have with us tonight.

0:29

Um I'm going to do this myself since we don't have a clear order of who would speak when I am Chairman Davis Lyon.

0:40

We are joined also by board member Jack Confer, board member uh sorry, Vice Chair James Frazy, Board Member Richard Watson, board member Whitney Baker, and board member Ron Key.

0:53

Uh those amongst you who are paying attention will notice that that is only six out of our customary seven.

0:59

We are a little shorthanded tonight, but we do have a quorum with which we can conduct business.

1:05

Also, by way of city staff, we have joining us Mr.

1:08

Steve Abramson, Mr.

1:10

Ryan LeVake, Mr.

1:11

Lee Jimenez, and Miss Brittney Nelson.

1:15

Uh also uh helping us out on the technical side is Mr.

1:18

Greg Wolf.

1:19

We thank you for your service.

1:21

On our agenda tonight, first item is the approval of meeting minutes.

1:26

Um help me, please.

1:30

What is the date of those meeting minutes?

1:31

I don't have it open in front of me.

1:33

There we are.

1:34

Uh study session and formal meeting minutes for December 16, 2020.

1:39

Uh so it has indeed been a while since we have met.

1:43

We have reviewed those meeting minutes and have not found any edits to be made, and we will therefore hear a motion regarding the approval as written.

1:50

Can I hear a motion regarding the approval of the meeting minutes, please?

1:57

I'll make a motion to approve the meeting then study session from December 16th.

2:06

Uh this is uh board member Baker.

2:08

I second the motion.

2:10

Okay, thank you.

2:11

Motion to approve from Vice Chair Frazy and second in by board member Baker.

2:16

We'll now take a vote by way of roll call.

2:19

Board member Confer, how do you vote?

2:29

I vote aye.

2:30

Thank you.

2:32

Vice Chair Fraese.

2:34

I vote aye.

2:37

Board Member Watson.

2:39

Aye.

2:41

Uh board member Baker.

2:44

Aye.

2:45

Board member Keggy.

2:47

I abstain.

2:48

I was not in attendance.

2:50

Okay, thank you.

2:53

And I vote aye.

2:56

Personally.

2:58

So the motion passes uh 5-0 with board member Key abstaining.

3:03

Our next item of business is uh Victorum Tat II.

3:09

Um because we have a short board tonight.

3:13

We have discussed with the applicant the possibility of a continuance.

3:17

So before we go any further, ladies and gentlemen, I'd like to handle that item of of business.

3:23

Um is an appropriate time to have discussion about uh whether we should grant a continuance uh for the benefit of the public.

3:32

Uh any variance requires four affirmative votes.

3:36

And since we only have six members here as opposed to the full seven, uh, you might argue it is slightly more difficult to get those four votes.

3:45

Uh we are not required to offer a continuance, but as a courtesy, we we do that from time to time, and I'm uh willing to do that tonight.

3:55

Um it is a matter of discussion amongst board members to see if they will approve and vote for that now.

4:01

Uh so board members, what are your thoughts on granting a continuance?

4:10

Uh this is board member Baker.

4:12

I guess my one concern is I need to know the date if we're going to move it to August because July is not an issue.

4:20

Uh we need to talk about you know who is going to be available if we move it to August.

4:26

Depending on the date, I may or may not be fair enough.

Discussion Breakdown — Share of Meeting
Procedural█████████████████████████████████████████████61%
Code Enforcement█████████████████████████████39%
Summary of Proceedings

Tempe Board of Adjustment Meeting - June 23, 2021

Summary

The Tempe Board of Adjustment met on June 23, 2021, with six of seven members present (Chairman Davis Lyon, Vice Chair James Frazy, board members Jack Confer, Richard Watson, Whitney Baker, and Ron Key). The board approved minutes from December 2020 and discussed a continuance for a variance request from Victorum Tattoo due to the reduced board size. The variance was continued to July 28, 2021 by a 5-1 vote.

Consent Calendar

  • Approval of December 16, 2020 Minutes: The study session and formal meeting minutes from December 16, 2020 were approved unanimously (5-0-1) with board member Key abstaining as he was not in attendance.

Public Comments & Testimony

  • No public comments were made during the meeting.

Discussion Items

  • Variance Request (PL210091): The applicant, Earl & Curley, requested a variance to reduce the separation requirement between tattoo shops from 1,320 feet to 490 feet for Victorum Tattoo, located at 516 South Mill Avenue. Due to only six board members present (a variance requires four affirmative votes out of seven), the board considered a continuance. Board member Confer opposed continuing, arguing the board had a quorum and should proceed to avoid wasting taxpayer resources. The applicant initially preferred an August date but agreed to July 28 after learning several board members would be unavailable in August. After polling members, the board voted on a continuance.

Key Outcomes

  • Continuance Granted: The board voted 5-1 to continue the variance request to the July 28, 2021 Board of Adjustment meeting. Voting in favor: Chairman Lyon, Vice Chair Frazy, board members Watson, Baker, and Key. Opposed: board member Confer. The motion carried.

Meeting Transcript

Well then let's call our meeting to order. Welcome to the Board of Adjustment for City of Tempe for June 23 2021. We have a somewhat abbreviated agenda, folks, and we're gonna have some more discussion about how that agenda goes, but we thank you for joining us one way or another. First up, uh let's introduce those that we have with us tonight. Um I'm going to do this myself since we don't have a clear order of who would speak when I am Chairman Davis Lyon. We are joined also by board member Jack Confer, board member uh sorry, Vice Chair James Frazy, Board Member Richard Watson, board member Whitney Baker, and board member Ron Key. Uh those amongst you who are paying attention will notice that that is only six out of our customary seven. We are a little shorthanded tonight, but we do have a quorum with which we can conduct business. Also, by way of city staff, we have joining us Mr. Steve Abramson, Mr. Ryan LeVake, Mr. Lee Jimenez, and Miss Brittney Nelson. Uh also uh helping us out on the technical side is Mr. Greg Wolf. We thank you for your service. On our agenda tonight, first item is the approval of meeting minutes. Um help me, please. What is the date of those meeting minutes? I don't have it open in front of me. There we are. Uh study session and formal meeting minutes for December 16, 2020. Uh so it has indeed been a while since we have met. We have reviewed those meeting minutes and have not found any edits to be made, and we will therefore hear a motion regarding the approval as written. Can I hear a motion regarding the approval of the meeting minutes, please? I'll make a motion to approve the meeting then study session from December 16th. Uh this is uh board member Baker. I second the motion. Okay, thank you. Motion to approve from Vice Chair Frazy and second in by board member Baker. We'll now take a vote by way of roll call. Board member Confer, how do you vote? I vote aye. Thank you. Vice Chair Fraese. I vote aye. Board Member Watson. Aye. Uh board member Baker. Aye. Board member Keggy. I abstain. I was not in attendance. Okay, thank you. And I vote aye. Personally. So the motion passes uh 5-0 with board member Key abstaining. Our next item of business is uh Victorum Tat II. Um because we have a short board tonight. We have discussed with the applicant the possibility of a continuance. So before we go any further, ladies and gentlemen, I'd like to handle that item of of business.

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