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HomeMy WebLinkAbout1980-03-03 BOA MINUTES MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION CITY HALL March 3, 1980 7:00 p m. In Attendance Regrets Joe Jessamine, Chairman Don Nesser, Vice Chairman Bill Furness Pete Nunn Bill Vaughn Joe Gero, Exec. Sec Guests About 25 persons 1. Mr. Jessamine opened the meeting at 7.10 p.m. welcoming those present and requesting the roll call of members. 2. Mr. Gero called the roll and determined all five members to be present as indicated above. 3. Chairman declared that there was a quorum present at this meeting. He noted there are two sets of "Minutes" before the Board dated December 17, 1979 and February 21, 1980. 4. Nesser/Furness M/S to approve as circulated "Minutes" dated December 17, 1979 Motion passed by roll call vote 3-0-2 with Messers Nunn and Vaughn abstaining in that they were not at the meeting of December 17, 1979. 5 Nunn/Nesser M/S to approve as circulated "Minutes" dated F' E ruary 21, 1980 Motion passed 4-0-1 by roll call vote with Mr. Jessamine abstaining in that he was not at the meeting of February 21, 1980. 6 Chairman announced the Board would take the continuance of consideration of BA-1-80, application of Carl Ely up next. He called upon the Executive Secretary to present a report furtherwith Pinal County Mr. Gero stated that a check w t Assessor's Office disclosed* 1 The 1975 date which had been given city F officials is the effective date assessing , the area as two separate lots (lots A & C) began. 2. The official record shows that the recording date of the lot split was September 16, 1974, two months prior to Page 2 - Board of Adjustment Pinal County amending the GR Zoning District requirements. Clearly lots r A & C were lawfully split while under County Zoning jurisdiction. 8. Mr. Jessamine noted that the public hearing was closed on February 21, 1980. To hold another public hearing would require readvertising. However, a substantial number from the neighborhood are interested in the case as shown by their attendance here. The Board would therefore, entertain questions about what has been stated (Several minor points were clarified as to dates as previously expressed.) He then asked in view of the new information if there were persons who felt they had substantial information to present to warrant the Board advertising for another public hearing. (None was noted.) 9 Furness/Nesser M/S "Be it resolved by the Board of Adjustment OTT-the City of Apache Junction, Arizona that the application of Mr Carl Ely (BA-1-80) for his property located at NZ NZ NE SW SE NE Sec. 22, R8E, TIN G & SRB & M in Apache Junction, Az be approved granting variances to the subject property located in a General Rural (GR) zoning district of. 1 Reduction of the 14 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 pre-existing non-conforming lot of record in Pinal County the split being recorded September 16, 1974 in conformance with the then existing Zoning Ordinance requirements. Further, the lot is of record July 1, 1979 as required by the Apache Junction, Arizona Zoning Ordinance." The motion passed by 4-1 by roll call vote with Mr. Nunn voting negative based on the fact the neighborhood is opposed to the request /al I10 Chairman allowed a five minute recess at about 7.45 to discuss with the neighborhood the particulars of zoning principles. 11. Chairman noting the Board was again in session stated that the next item would be the public hearing for Page 3 - Board of Adjustment case BA-2-80, application of Gerald Pancheri, Trustee in behalf of Apache Junction Mobile Home Park requesting certain variances of the Trailer Homesite Zoning District be applied to the said mobile home park in accordance with Section 2309 of the Zoning Ordinance in that the Park is pre- existing and non-conforming to the City Zoning Ordinance but had either approvals for certain areas by Pinal County Planning or existed prior to Zoning Enforcement by Pinal County Applicant stipulates that the variances requested are as depicted in exhibits "A" through "E" attached to the application. The case was advertised on February 23, 1980. He then called upon the Executive Secretary to brief the Board and public present on the case. 12. Mr. Gero oriented the case on a sketch map for all present He noted that: 1 A major portion of the park was over twenty years old. 2. The remainder was approved for con- struction by Final County approximately two years ago 3. Depicted on sketches the existing Mobile Home Park requirements of the City. ' Although they are the same as those adopted by Pinal County, the approved area cannot meet the requirements in all regards. 13. Mr Pancheri stated that he is among the owners of the property subject to the application. He reiterated the facts as stated above. Without the variances, the entire mobile home park would not be in con- formance. He requested approval for all the lots within the park. 14. Board determined that the Apache Junction Mobile Home Park could not comply in its present layout, including the rear setbacks. 15. Nesser/Vaughn M/S "Be it resolved by the Board of Adjustment o 'the City of Apache Junction, Arizona that in case BA-2-80, application of Gerald Pancheri, requesting approval of certain variances hereinafter, to be specified within the Apache Junction Mobile Home Park, identified as Parcel #8 on Final County Assessor's Map 101-11 located in Apache Junction, Arizona and being approximately 17.5 acres on this date that the requested variances as stipulated in applicants Exhibits "A" through "E" be approved for the Apache Junction Mobile Home Park; further providing that no habitable living area or other main building in said park be located closer than Page 4 - Board of Adjustment twenty (20) feet to another habitable living area /m14 or main building within said park, further provided that the applicant shall submit to the Apache Junction Department of Planning no later than March 17, 1980 any existing locations where the twenty (20) feet of separation does exist that such exceptions shall be approved to the degree of the currently existing separations, further provided that the applicant will not permit the replacement of a non-conforming mobile home with another non-conforming mobile home the placement of which would exceed the variances as specified herein " The motion passed unanimously by roll call vote 16. Board called a work session for March 17, 1980 at 7.00 p m or after any business that might be scheduled to discuss Board procedures. 17. Board adjourned at 9. 10 p.m there being no further business on the agenda. Respectfully submitted; ."14 Joseph W. Gero Executive Secretary Approved, J e saline Chaikman {