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HomeMy WebLinkAbout1980-02-21 BOA MINUTES MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION Polk FEBRUARY 21, 1980 7:00 P.M. In attendance Regrets Bill Furness Joe Jessamine, Chairman Don Nesser, Vice Chairman Pete Nunn Bill Vaughn Joe Gero, Exec Sec Guests Approximately 20 persons. 1. Mr. Nesser opened the meeting at 7:00 p.m. and requested the roll call of members. 2 Mr. Gero called the roll and determined members as indicated above to be present. 3. Mr. Nesser declared a quorum present. He called for a motion on 4.0.11 "Minutes" dated December 3, 1979 4. Mr. Vaughn noted on "Minutes" dated December 3, 1979 that #7 indicated a unanimous vote. Mr. Vaughn had voted in the negative. Further 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. 5. Vaughn/Nunn M/S to approve "Minutes" dated December 3, 1979 with the onecorrection so noted Motion passed unan- imously. 6 Mr. Nesser indicated that this was the public hearing for BA-l-80 application of Carl Ely requesting variances in a GR zone of: a. 114 acre minimum reduced to 5/8 acre less the area of the right-of-way for public streets and utilities. b. reduce one side yard from 20 feet to 15.5 feet. c. reduce 100 feet lot frontage to 49.5 feet. Mr. Ely's request is based on Section 2309, Zoning Ordinance pertaining to pre-existing lots of re- cord. The case was advertised on February 7, 1980. n He then called upon the Executive Secretary to brief the Commission and public present on the case. I Page 2 7. Mr. Gero oriented the case on a map sketch for all present. Pm, He noted that. a. There are easements for public rights-of- way on three sides. b. The 22 acre parcel was first split in 1971 into 14 acre parcels. c. In 1974 Pinal County revised its Zoning Ord- inance requirements with regard to the GR Zoning District as follows. (germane points only) 1. Minimum lot area from 12,000 square feet to 11 acre. 2. Setbacks changed: Front yard increased from 30 feet to 40 feet Side yards increased from 10 feet to 20 feet. Rear yards remained at 40 feet. 3. Minimum lot frontage of 70 feet was raised to 100 feet minimum. d In 1975 a former owner split the northerly 1k acre into 5/8 acre lots creating the lot layout as currently shown on the Pinal County Assessor's Map e In 1978, Mr. Ely purchased lots 55A and 55C. •� f. On July 1, 1979, The City adopts its Zoning Ordinance which includes the specific section under which Mr. Ely is requesting a decision g. In late 1979, Mr. Ely has apparently entered into contract for sale of his lot 55C. h. Mr. Ely, believing that Section 2309, Zoning Ordinance allows him to gain a favorable de- cision of this Board thereby allowing him to place a single dwelling on lot 55A, has applied for variances as stated above under said section of the Zoning Ordinance. 8. Carl Ely stated that he is the applicant and owner of the prop- erty that is the subject of this application He re- iterated the facts as stated above by the Director of Planning. He further indicated that he intends to place a mobile home on the site which is intended as his re- tirement home. He requested the Board's approval of the requests in that the lots, although non-conforming were split prior to July 1, 1979. 9. Numerous spoke against or questioning the approval by the Board. Citizens They noted that the area is generally large lots and that many people consider openness a very important 0.4 aspect of their land value. They also questioned what effect the existing structures 1 on lot 55C would have on the development of lot 55A. Page 3 70. Mr. Gero stated that the questions the Board must ask are defined in the Zoning Ordinance which has been adopted by the City Council. The Board nor the staff have the authority to arbitrarily ask other questions. With regard to property development, a property owner is permitted to develop their property to the full extent as set forth in the Zoning Ordin- ance with respect to such requirements 11. Mr. Gero stated that the split of the lots occurred after Pinal County adopted new standards and therefore the division appears an unlawful split with regard to their Zoning Ordinance. However, the City of Apache Junction Zoning Ordinance makes reference to lots of record on the date of adoption of the City Zoning Ordnance which is July 1, 1979 It appears the applicant meets the criteria as set forth in the Zoning Ordinance and therefore approval is called for. 12. Furness/ M/S that the application of Mr. Carl Ely (BA-1-80) Nesser for his property located at NZ NZ NE SW SE NE Sec. 22, R8E, TIN G & SRB & M in Apache Junction, Az 11111 be approved granting variances to the subject property located in a General Rural (GR) zoning district of. 1 Reduction of the 1% acre requirement to 0.625 acre less the area reserved for public right-of-way purposes. 2. Reduce one side yard minimum requirement (the one furthest from the public right- of-way) from 20 feet to 15 5 feet 3. Reduce the minimum lot frontage from 100 feet to 49.5 feet This motion is made in recognition that the lot is a non-conforming lot of record, the split occurring prior to July 1, 1979 as required by Section 2309 of the City of Apache Junction, Az. Zoning Ordinance. The motion failed by roll-call vote 2-2 as follows: Vaughn-no, Nunn-no, Furness-yes, Nesser-yes. 13. Nunn/Vaughn M/S to table consideration of the request until the next meeting of the Board (March 3, 1980 at 7 00 p.m. in the same location) . The motion failed by roll-call vote 2-2 as follows. Vaughn-yes, Nunn-yes, Furness-no,Nesser-no. 14 Furness/ M/S for reconsideration of the motion as stated in Nesser Section 12 of these "Minutes". Page 4 The motion failed by roll-call lacking the requisite votes for passage the vote being Yes - 2, No -1, Abstain - 1 and cast as follows. Furness - yes, Nunn - Abstain, Vaughn - No, Nesser - yes. 15 Vaughn/ M/S to table consideration of the request until the Nunn next meeting of the Board (March 3, 1980 at 7.00 P.M. in the same location) and requesting the staff to seek a legal opinion as to the bearing the fact of the 1975 split creates. The motion passed by roll-call vote 3-1 as follows* Furness - No, Nunn - Yes, Vaughn - Yes, Nesser - Yes. 16. Mr. Gero discussed with the Board the meeting schedule. He pointed out the Board is currently not having a heavy demand for meetings. Yet, it has a requirement for two monthly meetings He suggested that the Board have one regular meeting and one on call 17. Furness / M/S instructing the staff to prepare appropriate Nunn changes whereby the Board will meet the first Monday of the month for a regular meeting and all other meetings will be on-call. rill 18. Board adjourned at 9.20 p m. there being no further business f 1 on this agenda. i Respectfully submitted, 14/24244 Joseph W Gero Executive Secretary Approved, o ssamine, Chairman 0111 i