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HomeMy WebLinkAbout1979-12-17 BOA MINUTES MINUTES Am. BOARD OF ADJUSTMENT CITY HALL DECEMBER 17, 1979 7:OU p.m. In Attendance: Regrets* Joe Jessamine, Chairman Pete Nunn (illness) Bill Furness Bill Vaughn (illness) Don Nesser Joe Gero, Executive Secretary Guests 1. Mr. Jessamine opened the meeting at 7:00 p.m. and requested Chairman roll call of members. 2. Mr. Gero Exec. Sec. called the roll call and determined that three (3) of the five (5) 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 of public hearings by the Board of Adjustment. He indicated that there would be one public hearing this evening that being case BA-6-79. This is the application of Charles Selleck. 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-6-79, the request of Mr. Selleck, is to allow a variance in the side yard requirements from 20' to 10' in a General Rural (GR) zoning district for his particular lot #16, Wilson Addition, and fronting on Hale Drive. Mr. Selleck is requesting the variance as permitted by Section 2309 of the City of Apache Junction Zoning Ordinance, specifically relating to "exceptions for lots of record." This application was properly advertised on December 6, 1979. He indicated on a sketch map the location of the subject property, and indicated that this was in the same vicinity of a recent case under the same procedures. 5. Mr. Selleck indicated to the Board that he had purchased this property while it was still in Pinal County. At that time he had been told that Pinal County would honor 10' setbacks as had been Previously permitted when this particular tract of the subdivision was being built. He noted "" many of the homes in the subdivision are constructed to a 10' side yard setback. Further, the septic has been placed prior to the City of Apache Junction establishing zoning authority in which it would now be difficult to locate the new proposed mobile unit without relocating the septic tank. 6. Mr. Gero presented his recommendation to the Board. He noted that this would be another application of Section 2309 of the Zoning Ordinance whereby a lot of record can be granted a variance in the setback requirement when previous development has already set precedent. In this particular case that has been done under the previous County Zoning Ordinance whereby 10' setbacks were required. He therefore recommended the Board approve the request of Mr. Selleck but also indicated that the rear yard should also be governed under this same section of the Zoning Ordinance. 7. Furness/Nesser M/S Be it resolved by the Board of Adjustment of the City of Apache Junction that in case BA-6-79, case of Mr. Charles Selleck, that the requested ...\ variance in the side yard setback (and by Board motion the rear yard setback) in a GR zone for those lots running on Hale Drive in the Wilson Addition be and hereby is approved; provided that no side yard setback shall be closer than 10' to a side property line, and further provided that the rear yard setback shall be no closer than the closest rear yard as established on the date of this action, being December 17, 1979; further provided that the Zoning Administrator may hereafter make like decisions for those properties fronting on Hale Drive in the Wilson subdivision. Board members present stated that their reasons for approval are those as given by the Exec. Sec. The motion passed unanimously by roll call vote of those present. 8. Board adjourned for approximately 10 minutes to review various materials presented to them. 9. Board reconvened. A.. 10. Nesser/Furness M/S that the "MINUTES" of November 5 and November 19, 1979 be approved as circulated. The motion passed unanimously by roll call vote of those present. 11. Board adjourned at 7:25 p.m. Respectfully Submitted: Josep W. Gero, Exec. Sec. Approved: � j doe s min , airman