HomeMy WebLinkAbout1979-12-03 BOA MINUTES MINUTES
BOARD OF ADJUSTMENTS
CITY OF APACHE JUNCTION
CITY HALL
ril DECEMBER 3, 1979
7.00 p.m.
In Attendance Regrets
Don Nesser, Vice Chairman Joe Jessamine, Chairman (excused)
Bill Furness
Pete Nunn
Bill Vaughn
Joe Gero, Executive Secretary
Guests
1. Mr. Nesser opened the meeting at 7.00 p m and requested
(Vice Chairman) the roll call of members
2. Mr. Gero called the roll and determined that four of the
(Exec Sec ) five members as indicated above were present.
3. Chairman declared that there was a quorum present at this
meeting. He then briefed all those present as
to the procedures for public hearings by the Board
of Adjustment.
rill He indicated that there would be one public hearing
this evening that being case BA-5-79. This is the
application of Ambassador Homes in behalf of Mr.
Melvin Ostmo He then called upon the Executive
Secretary to brief the Board and public present
as to this particular request.
4 Mr Gero indicated that case BA-5-79, the request by
Ambassador Homes, is to vary the front yard
setback from 40 feet to 33 feet in a General
Rural (GR) Zoning District for that property as
indicated in the application. He indicated on
a sketch map the location of the subject property.
This application was properly advertised on
November 21, 1979.
5 Mr. Charles Walker indicated to the Board that Mr Ostmo had a
(representing pre-existing non-conforming mobile home according
Ambassador Homes) to the City of Apache Junction Zoning standard for
a GR district It was after Ambassador Homes began
placing the new mobile home, which was purchased
by Mr. Ostmo, that it was discovered that the
location would be a non-conforming use according
rill to the Zoning Ordinance. It was at that point
that Ambassador Homes applied for the requested
variance which is the subject of the case tonight
before the Board
The applicant's hardship would be indicated from
the following points.
Page 2
1. The cement sidewalk and porches are in
in place;
2. To the rear of the mobile home foundation
there is landscaping;
3. The septic system was placed for the
previous mobile home and would have to
be moved,
4 The property owner wished to utilize the
foundation that had been previously
used for the placement of the new mobile
home.
In order for the property owner to come in
compliance with the requirements with the Zoning
Ordinance each of the 4 items above would have
to either be moved or destroyed and rebuilt. It is
the property owner's contention that he ought to be
able to place a replacement mobile home on the site
without having to incur an exceedingly high cost
which would be an undue hardship upon the property
owner.
6. Mr. Gero presented his recommendation to the Board Based
upon the fact that the applicant is desireous of
upgrading his mobile home, and that the new mobile
home would not be an expansion of the non-conforming
Pm% use as to the setbacks, and recognizing that there
would be a substantial expense in order to either
relocate the septic or have it varied plus relocate
the shrubbery foundation and the other infrastructure
surrounding the mobile home the Board should
approve the request of Ambassador Homes.
7. Nunn/Furness M/S Be it resolved by the Board of Adjustment
of the City of Apache Junction that in case BA-5-79,
case of Ambassador Homes in behalf of Melvin 0.
Ostmo requesting a variance in the front yard
setback in a General Rural Zone (GR) from 40 feet
to 33 feet for that property described as N 330'
of E 165' of Ell NWSE SE Section 27 and N 220' of
W 165' of E i of NW1 of S 4 of Section 27, more
commonly known as lots 17B, 18B and 18C, on
Pinal County Assessors Map 103-21, that the request
be and hereby is approved; provided that if the
applicant changes the type of structure that the
action of this Board be nullified.
The reasons for approval are.
1 The property owner has previously
established the landscaping and on-site
facilities.
2. The property owner had a previously pre-
existing non-conforming use by County
standards
3 The property ownership has not changed.
4. The property owner desires to upgrade
Page 3
the type of mobile home he is living
in.
The motion passe by a 3-1 roll-call vote.
Mr. Vaughn stated his reason for voting for
denial was that the applicant had an adequate
rear yard of about 153 feet and therefore, room
to move the unit backwards
8. Chairman noting that there was no other business before
the Board on this evening declared the meeting
closed at 7:45 p.m.
Respectfully Submitted
Josepl W. Gero
Executive Secretary
Approved-
Don Messer* Vice Chairman