Development Review Commission Regular Meeting - April 27, 2021

The Development Review Commission (DRC) convened on Tuesday, April 27, 2021, at 2:00 p.m. via video conference. Chairman David Lyon presided over the meeting with seven commissioners (including one substitute for two recused members). The commission considered a consent agenda of nine routine items, discussed three contested use permit applications, and reviewed a city-initiated code text amendment for group home regulations. The meeting lasted approximately two hours.

Consent Calendar

• Approved 7-0: Meeting minutes from the February 23, 2021 study session and regular meeting.
• Approved 7-0 en bloc: Nine consent items: Preliminary Subdivision Plat for Sound & Lighting FX (1245 N Miller Rd); Use Permit for tobacco retailer Cloudslingers Vape Shop (3107 S Mill Ave); Use Permit for retail store O'Reilly Auto Parts (1920 E University Dr); Use Permit for second story addition (sun deck) at Connacher Residence (1077 E Carver Rd); Use Permit for parking in front yard setback at Castro Residence (5818 S College Ave); Use Permit for expansion of No Gimmick Carwash (8830 S McKemy St); Use Permit for bar (series 7) at The Hudson Eatery & Bar (1601 E Apache Blvd); Use Permit for tattoo and body piercing at Ink and Eagle Tattoo (414 S Mill Ave); and Use Permit Standard for reduced side yard setback at Adams Residence (8661 S Kenwood Ln). All passed without discussion.

Public Comments & Testimony

• Taiga Smoke and Vape (PL210067): A written comment from the owners of Emerald Center (Tom Tay, Suniar Tom, Tom Tate Jr., Dave Johnson, Lori Smith, on behalf of Emerald Center) was read into the record. They opposed the tobacco retailer, citing public health concerns (links to cancer, nicotine addiction) and negative stigma impacting surrounding properties.
• Bagnod Residence (PL210056): One speaker, Monica Wattsford Seibel, spoke in opposition. She raised concerns about unpermitted work (demolition, electrical, plumbing) beginning December 2020, shoddy repairs, and fear the garage conversion would create a high-density rental property leading to nuisance behavior. A written comment from Scott Seibel expressed similar concerns about multiple unrelated tenants and cited a prior party house incident. A late-arriving letter in support (from Devin Burr) was noted but not spoken.
• McClintock Homes (PL200262): Daniel Sefuentes, a resident 450 feet west at 1025 S Butte, spoke in opposition. He objected to the aesthetic (dark redwood siding not fitting the Southwest or the adjacent historic Borden Homes neighborhood), the requested height increase (up to ~39 feet with mechanical screening), and the loss of commercially zoned property for residential use.

Discussion Items

• Bagnod Residence – Use Permit for parking in front yard setback (815 W 11th St): Applicant (Sylvia Diaz, representing LAM Building Design and owner Onyx Investments) sought to convert an existing garage into two bedrooms and a bathroom, requiring front-yard parking. Staff (Dalton Guerra) noted the garage conversion must maintain internal access; the home (built 1959) requires only one parking space. Opponents’ concerns about unpermitted work were addressed by the applicant, who stated demolition/plumbing was done by a previous contractor and only drywall/flooring was replaced. Commissioner Sumners dissented, citing insufficient parking (4 bedrooms, only 2 spaces) and lack of owner participation. Vote: 6-1 to approve with staff conditions.
• Taiga Smoke and Vape – Use Permit for tobacco retailer (8707 S Priest Dr): Commissioners Bauer and Domenico recused; Commissioner Schwartz substituted. Applicant Mohammed Elakis stated his three other stores had no complaints and expressed willingness to be a good neighbor. Staff confirmed no increase in parking demand (previously a fitness center) and compliance with school separation. Commissioner Cassano and others noted smoking is a legal business and the only opposition came from a property owner across the road. Vote: 6-0 to approve.
• McClintock Homes – Use permit for residential in CSS, height increase to 37 ft, and Development Plan Review (1020 S McClintock Dr): Applicant Jerry Palmer proposed 11 attached single-family units (three stories, tandem garages, ~1,600 sq ft each) on a half-acre vacant lot. Staff (Lee Jimenez) recommended approval with two non-standard conditions (gate appearance for utility easement and guest bicycle spaces). Public comment opposed the design and height. The applicant agreed to change the redwood panel color to a more muted tone. Commissioner Lyon dissented, criticizing narrow units (16 ft wide) and the aesthetic as not genuine architecture. Vote: 6-1 to approve with stipulation to work with staff on color palette per Apache Character Area Plan.
• Group Home Regulations – Code Text Amendment (PL210105): Ryan LeVake, Deputy Director, presented a comprehensive update to Section 3-409 of the Zoning and Development Code, last revised 1996. Key changes include: limiting occupancy to five residents (plus staff, down from 10), maintaining 1,200-foot separation, requiring parking on site, a 90-day deadline for state license evidence, and adding a reasonable accommodations waiver process. Existing group homes with six to ten residents will be grandfathered as legal non-conforming. No public comment was received. Vote: 7-0 to recommend approval to City Council (scheduled for May 27 and June 10 hearings).

Key Outcomes

• Consent agenda and minutes approved unanimously (7-0).
• Taiga Smoke and Vape: Use permit approved 6-0 after recusals.
• Bagnod Residence: Use permit approved 6-1 (Commissioner Sumners dissenting), subject to staff conditions.
• McClintock Homes: Use permits and development plan approved 6-1 (Chairman Lyon dissenting), with a stipulation to revise the redwood siding color in coordination with staff.
• Group Home Regulations: Recommended to City Council for approval by a 7-0 vote.
• Next Meeting: May 25, 2021; agenda available first week of May.