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HomeMy WebLinkAbout1979-11-19 BOA MINUTES MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION CITY HALL NOVEMBER 19, 1979 rr 6:00 p.m. In Attendance Regrets Joe Jessamine, Chairman None Bill Furness Don Nesser Pete Nunn Bill Vaughn Joe Gero, Executive Secretary Guests 1. Mr. Jessamine opened the meeting at 6:00 p.m. and requested the (Chairman) roll-call of members. 2. Mr. Gero (Exec. Sec.) called the roll and determined all members of the Board to be present. 3. Chairman declared a quorum present. He called for a motion on "Minutes" dated August 21, 1979. 4. Nunn/Nesser M/S to approve "Minutes" dated August 21, 1979 except that under "Minutes" the second should be Mr. Furness instead of Mr. Vaughn. The motion passed unanimously by roll-call vote. 5. Chairman stated that this is the time and place for public hearings advertised for this date. He announced that this is the public hearing for BA-3-79, application of Mr. and Mrs. P.L. Nichols with regards to Section 2309 of the Zoning Ordinance as applied to the Los Rocas Subdivision, and specifically to be applied to lot size and yard setbacks in a General Rural (GR) Zoning district. This case was advertised on November 9, 1979. He then called upon the Executive Secretary to brief the Commission and public present on the case. 6. Mr. Gero oriented the case on a map sketch for all present. He noted that fifteen of the twenty lots are developed. The area is zoned General Rural (GR) and none of the lots as subdivided previous to the City establishing ANN. regulations are in conformance. None of the homes as constructed meet the GR setback requirements. 7. Mr. Nichols stated that his lot is too small to meet either the lot area or setback requirements. In fact, he would have a total of five feet in which to build or place a home. He is requesting the Board approve the request so that he can use the lot. Page 2 8. Mr. Cookenmaster stated he did not mind the area or setback require- ments being approved provided trailers are not .tea permitted. 9. Mr. Biggs brought to the attention of the Board private covenant restrictions on the Los Rocas Subdivision. 10. Chairman indicated the Board is aware of the deed restrictions. Zoning Ordinance requirements are enforcable by officials of the City. Private restrictions can only be enforced by actions of owners party to the restrictions or through an association of said owners through the court system. The question before this Board is limited to determining whether there is a lawfully existing subdivision on the date of the adoption of the Zoning Ordinance, and whether there has been development on the lots which set precedent for development. If so, then the Board shall be obligated to certify that the other lots may be developed to those requirements, established by precedent, provided that such requirments don't endanger the public health, safety and general welfare. The Board may not, in this instance, consider the uses permitted in that limiting them would be in effect rezoning, a power limited to the City Council. The Chairman noting no further requests to speak closed the public hearing. 11. Nesser/ M/S "Be it resolved that the Board of Adjustment of the City of Apache Junction does approve and hereby grant the request of Mr. and Mrs. P.L. Nichols (BA-3-79) to allow a reduction in the lot size and setback require- ments of the General Rural (GR) Zoning district as applied in the Los Rocas Subdivision, the variance as permitted by Section 2309 of the Zoning Ordinance; provided that the setbacks shall not be less than the setbacks of the dwelling unit placed closest to the property line (may be different dwelling units for front, side, and rear setbacks) within the Los Rocas Subdivision as developed on the date of this decision; further, providing, this decision shall establish precedent and permit the Zoning Administrator to issue future requested permits within the subdivision in compliance with this decision. The motion passed unanimously by roll-call vote. 12. Chairman announced that this is the public hearing for BA-4-79, application of Harold Englin with regards to Section 2309 of the Zoning Ordinance as applied to the Wilson Subdivision as it fronts on Delaware/ Hale Drive, and specifically applied to lot size and yard setback in a General Rural (GR) zoning district. This case was advertised on November 9, 1979. He then called upon the Executive Secretary to brief the Page 3 Commission and public present on the case. — 13. Mr. Gero oriented the case on a map sketch for all present. He noted that the specific lot fronts on Hale Drive which is parallel to and abuts Delaware Drive. Mr. Englin owns the lot which he rents. The Johnsons were in the process of placing a mobile home on the lot. This case came to the City's attention when it was discovered that a sketch plan submitted by Mr. Englin for the building permit was in error. The error was that Mr. Englin used what is the width of Hale Drive in computing the front yard setback required (40 feet) . At one time the abandonment of Hale Drive had been requested before=the Final County Board of Supervisors. It was however, deferred to the City. The City refused to grant the abandonment. 14. Mr. Englin presented the applicant's case. He noted that he is renting the lot to a couple for a mobile home. He had sought a building permit on the basis that he thought Hale Drive had been abandoned. It was after the improvements had been constructed to hook-up the mobile home that the error was discovered. The Johnson's were nearly complete with the hook-up. To move the mobile home a few feet to gain equal frontage with the other established homes in this old subdivision would impose a substantial cost. Further, Hale Drive is one block long with a parallel usable roadway (Delaware Drive) . Hale has never been constructed. Should Hale be abandoned the trailer would comply with the General Rural zoning district requirements. Therefore, the Board is requested to grant relief on the basis of Section 2309 of the Zoning Ordinance. It was noted that these present from the area did not oppose the petition. 15. Chairman noted that there was no further request to speak, therefore the public hearing is closed. 16. Nesser/Furness M/S "Be it resolved that the Board of Adjustment of the City of Apache Junction does approve and hereby grant the request of Mr. Harold Englin (BA-4-79) to allow a reduction in the lot size and setback requirements of the General Rural (GR) zoning district as applied to the Wilson Subdivision for those lots which front on Hale Drive parallel to and abutting Delaware Drive, the variance as permitted by Section 2309 of the Zoning Ordinance; more specifically providing that the front yard setback may be reduced to nineteen (19') feet measured from the westerly right-of-way line of Hale Drive; further, providing, this decision shall establish precedent and permit the Zoning Administrator to issue future requested permits within the Wilson { Page 4 Subdivision for those lots only which front on Hale Drive and in compliance with this decision. The reasons are that the established uses are generally similar in front yard setbacks, and further the double street one block long, with dead-ends and never constructed has apparently never been considered in establishing other setbacks. The motion passed unanimously by roll-call vote. 17. Vaughn/Nunn M/S that the Board of Adjustment shall hereafter change its regular meeting hour from 6 p.m. to 7 p.m. unless advertised otherwise. The motion passed unanimously by roll-call vote. 18. Nunn/Vaughn M/S to adjourn (at 8: 15 p.m.) The motion passed unanimously by roll-call vote. Respectfully submitted, 4,0**, j'47116( 12j)2A4v Joseph W. Gero Executive Secretary Approved: ,Joe Jessamine Chairman .n►