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HomeMy WebLinkAbout1980-04-07 BOA MINUTES MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION APRIL 7, 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. Jackie LaCount, Secretary Guests About 50 persons 1. Mr. Jessamine opened the meeting at 7.05 p.m. , welcoming (Chairman) those present and requesting the roll call of members. 2. Mr. Gero (Exec. Sec.) 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 is one set of "Minutes" dated March 17, 1980, before the Board. 4. Nesser/Nunn M/S BE IT RESOLVED the "Minutes" dated 3-17-80 be approved as written. The motion passed unanimously by roll call vote. 5. Chairman announced there is three public hearings tonight being 4IBA-4-80, BA-5-80, and BA-6-80. He opened the public hearings and asked Mr. Gero, Executive Secretary, to present a re- port on #BA-4-80 being the first case. 6. Mr. Gero gave the location of the request and stated the case has been properly advertised. He stated this request is to allow variances of setbacks to complete construction of car- port, Lot 66, "Azure Skies", also known as 641 S. Gold Drive, and to allow the required oink parking to be placed in the front yard setback. 7. Chairman opened the hearing to the public for comment. 8. Mrs. Luddy spoke on behalf of her husband and herself. She said they had made every effort to comply Page 2 - Board of Adjustment by the law. She stated the error was made of giving them a permit by the Building Official/Zoning Administrator. Mrs. Luddy said she had several signatures signed by adjacent residents not objecting to the carport. 9. Resident spoke in disfavor of the petition stating that property value could be harmed if allowed to remain. 10. Chairman asked Mr. Gero if there were any instructions to the Board. 11. Mr. Gero read from the Zoning Ordinance the questions which the Board of Adjustment must answer to prior to making a motion. 12. Chairman declared a short recess. Meeting resumed at 8:00 p.m. with the Chairman asking Mr. Gero for a recommendation. 13. Mr. Gero noted that the City Code provides specific remedy in case of an error by the Building Official and that process has correctly been carried out by Mr. Frazier. The Luddy's are ...� not contesting the Building Officials decision. They are seeking two variances as stated above. The Luddy's had the home built and are the original occupants. They caused the enclosing of one parking space for a hobby shop area and the other space is by the owner's choice a patio area. Unless the owner provides one on-site parking space not included in the front setback area, the applicant would be violating the Zoning Ordinance. The remedy would be to use the on-site area for parking as the other neighbors must also do. If the above is accomplished then there is no need for the carport. Other than sentiment for error there is no distinguishing reason to separate the applicant from his neighbor with regard to the setback. Further, the applicant submitted plans for the carport which were in error showing the setback from the curb line which is not the property line. The applicant indicates they made inquiry but they didn't identify where the property line was. At issue is whether the Board will be able to distinguish this case from future similar requests. Therefore, I recommend denial of the request. 14. Chairman noting that nobody else wished to speak closed Page 3 - Board of Adjustment the public hearing. MEM 15. Nesser/Furness M/S BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, that in case BA-4-80, application of George Luddy to allow a front yard setback and parking area to be within 7 feet of the property line for his property located at 641 S. Gold Drive, and described as W700 feet of E z W 2 SW 4 E 2 SW14 and Elz W z W 2 W 2 G&SRB&M in Apache Junction, Pinal County, Arizona, that the request be denied and that the decision of the Building Official be affirmed. The reasons for the decision are: 1. There is no unique hardship shown. The applicant, who has been the sole owner of the property, made a previous decision to enclose the parking area as a convenience to himself. 2. The City Code provides the remedy when an error is committed by the Building Official. That procedure has been correctly followed. 'm\ 3. The applicant submitted a site sketch which is in error assuming the curb line to be the property line. The motion failed by a 2-3 vote with Messers Nesser and Furness voting for the motion. 16. Vaughn/Nunn M/S BE IT RESOLVED by the Board of Adjustment TT-the City of Apache Junction, Arizona, that in case BA-4-80, application of George Luddy to allow a front yard setback and parking area to be within 7 feet of the property line for his property located at 641 S. Gold Drive and described as W700 feet of E Z W Z SW 4 E Z SW 4 & E 2 W Z W z W Z G&SRB&M in Apache Junction, Pinal County, Arizona that the request be approved and that the Building Official be directed to remove the "stop work order." The reasons for the decisions are: 1. The special circumstance is that a Building Permit had been issued in error. 2. The hardship is that the applicant has made substantial expense to construct the carport based on the city approval of the Building Permit. 3. The carport location will not be harmful to the public health, safety Page 4 - Board of Adjustment and general welfare. The Ana neighbor's view will not be harmed due to the placement of landscaping. The motion passed 3-2 with Messers Jessamine, Nunn and Vaughn voting for the motion. 17. Chairman opened the public hearing and asked Mr. Gero, Executive Secretary, to present a report on case BA-5-80. 18. Mr. Gero gave the location of the request and stated the case has been properly advertised. The applicant is requesting certain variances in setbacks and space sizes to allow completion of the park and use of property known as Big Mountain Mobile Home Park located at 1100 S. Warner Drive, in compliance with a plan prepared prior to the adoption of Pinal County and City of Apache Junction's Zoning Ordinances. 19. Chairman opened the hearing to the publicfor comment. 20. Mr. Gruner requested that variances be approved for the existing developed area which would allow existing units to remain in their locations. Further, he is requesting that for the area yet to be developed, that the rear setback be re- duced to the same as other units along the westerly property line, but meeting all other setbacks, He stated there are no fire hydrants within 800 feet of the furthest point of the park, and there are no swimming pools in close prox- imity. 21. Mr. Gero recommended that in view of the change by Mr. Gruner with regard to the setbacks that the portion yet to be developed be held over and that Mr. Gruner furnish a site plan for the area. With regard to the already developed area, this area should be approved. 22. Vaughn/Nunn m/s to give approval to use the existing eloped area of Big Mountain Mobile Home Park located at 1100 S. Warner Drive, as currently developed. Further, to continue the public hearing on the remaining portion of Big Mountain to 7:00 p.m. April 21,1980, and requiring the owner to submit a site plan for the said area. The motion passed unanimously by roll-call vote. Page 5 - Bd.of Adjustment 23. Chairman Opened the public hearing and asked Mr. Gero, Executive Secretary, to pre- m.. sent a report on case #3 being BA-6-80. 24. Mr. Gero gave the location of the request and stated the case has been properly adver- tised. The applicant is requesting certain variances to allow use of land subdivided before Final County and Apache Junction Zoning Ordinances were effective. Lot 19, Lomastro Subdivision. Section 19, Township 1N R8E. 25. Mr. Sullivan spokesman for Mr. Castelli stated the Castelli's wish to use their property similar to other persons in the area. 26. Mr. Gero recommended that the Board approve the request made by Mr. Castelli in that the area is so established. 27. Chairman noting that nobody wished to speak for or against the case closed the public hearing. 28. Nesser/Furness M/S "BE IT RESOLVED by the Board of Adjust- ment of the City of Apache Junction that in case BA-6-80, application of James Castelli, under zoning ordinance Section 2309, to use a pre-existing non-conforming lot being Lot 19, Lomastro subdivision in Apache Junction, Final County, Arizona, that the said lot may be used as other lots in the subdivision requiring the setbacks be no greater than the least set- backs as established in the subdivision on the effective date of this action, further stipulating that other lots within the said subdivision may likewise be developed." Motion passed unanimously. 29. Board adjourned at 9:20 p.m. Respectfully submitted: Joseph . Gero Executive Secretary Approved:_ e Jessamine Chairman