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HomeMy WebLinkAbout1980-06-23 BOA MINUTESMINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION, ARIZONA 1001 N. IDAHO ROAD APACHE JUNCTION, ARIZONA JUNE 23, 1980 7:00 P.M. In Attendance Guests Joe Jessamine, Chairman Don Nesser, Vice Chairman Bill Vaughn Bill Furness Pete Nunn Chuck Newcomer, Acting Executive Secretary Kathy Connelly, Secretary Howard Boso Mrs. Boso John Hutchens 1.Mr. Jessamine (Chairman)opened the meeting at 7:00 P.M. and asked the Executive Secretary to call the roll. 2.Mr. Newcomer called the roll and determined all members present as indicated above. 3.Chairman declared a quorum present at the meeting and called upon the Executive Secretary to brief the members on the request of Mr. Howard Boso to extend the Pinal County Special Use Permit #SUP -59-77 for the next twelve (12) months. 4.Mr. Newcomer 5.Chairman 6.Mr. Boso 7.Mr. Newcomer 8.Mr. Boso explained to the Board that Mr. Boso had been issued the Special Use Permit by Pinal County for the operation of an auto repair shop at 1536 W. Roundup St. in Apache Junction. He was before the Board at this time because he wished to renew this permit and it was now the decision of the City to do so. He further explained that, during the time previous to this, Mr. Boso had not complied with the County -issued Special Use Permit requirements as understood by the City. called upon Mr. Boso to present his case. explained to the Board that in regard to fencing the area around his garage, Terry Smith of the Pinal County Planning and Zoning Commission had never told him it was necessary to renew the permit on a yearly basis nor clarified the kind of fencing that was required. called the attention of the Board members to a copy of the original Special Use Permit which called for a "screening fence" to be established in the area surrounding the garage. informed the Board that, Terry Smith was supposed to specify the kind of fencing required, but never did. 9.Chairman called the attention of the Board to the provisions of Pinal County with regard to the issuance of the original permit. These provisions included: Page 2 - Board of Adjustment Minutes of June 23, 1980 10.Mr. Boso 11.Mrs. Boso 12.Chairman 13.Mr. Newcomer 14.Mr. Furness 15.Mr. Vaughn 16.Mr. Newcomer 17.Mr. Furness 18.Mr. Vaughn 19.Mr. Newcomer 20.Mr. Nesser 21.Mr. Vaughn 22.Mr. Furness 23.Chairman 1) Approval on a year-to-year basis provided that no complaints were filed. 2) The property use could not be trans- ferred to another individual. 3) Approval only covered auto repairs. 4) The property must be kept in a clean and orderly manner with no "junk" autos and all signs approved by the Zoning Administrator. 5) The area surrounding the garage should be fenced with a screening fence. informed the Board that the fencing re- quirement did not appear on their copy of the permit. explained to the Board that the require- ment to renew on a year-to-year basis could be interpreted in two ways with the renewal being subject to review only if complaints were filed. asked if any complaints had been filed. informed the Board that a verbal com- plaint had been filed, but that no one had actually ever filed a written com- plaint. reminded the Board that the terms of the Special Use Permit were now under the jurisdiction of the City and that it was up to the City to enforce the require- ments and to issue an extension. asked Mr. Newcomer to clarify the com- plaint question. informed the Board that, as per a letter from Terry Smith, there had not been any official complaints filed against Mr. Boso since 1977. reminded the Board that it was not pos- sible to act on a verbal complaint. asked Mr. Newcomer if the Special Use Permit would come under the "grandfather clause". explained to the Board permit was issued on a for the convenience of would not be under the that since the year-to-year basis the owner, then it. "grandfather clause". called the Board's attention to the City Ordinance which required that the permit be renewed on a yearly basis. asked if the City would remind the prop- erty owner at the end of each year's period of time. explained that it would be Mr. Boso's responsibility to advise the City of his intention to renew the permit. reminded the Board that it would be the City's responsibility to enforce the requirements of the Special Use Permit. Page 3 - Board of Adjustment Minutes of June 23, 1980 24.Mr. Furness 25.Mr. Boso 26.Chairman 27.Mr. Nunn 28.Mr. Boso 29.Mr. Furness 30.Mr. Boso 31.Chairman emphasized to the Board the necessity to have a screening fence around the property to protect the surrounding property owners. asked if the fence should be around the garage area alone or must it also include the parking area. referred the Board to page 78 of the Zoning Ordinance which required that the area surrounding the garage should be fenced. asked Mr. Boso how large the garage was. the garage area is 24' x 28' with a 7' storage area. asked Mr. Boso if the cars parked on the property belonged to customers. replied that he restored Corvairs as an investment in classic cars.These cars that were being referred to were his property with the titles in his name. He asked the Board if he would be given the chance to answer any complaints that might be directed against his operation. expressed the opinion that the property owner should be given the chance to answer any complaints that might be filed against him. 32.Mr. Furness agreed that the owner should be given a hearing and the chance to defend himself. 33.Chairman 34.Mr. Nunn recommended that a hearing in order to allow Mr. Boso to defend himself in case of complaints should be added to any resolution drafted by the Board. asked Mr. Newcomer why the County Planning and Zoning Commission had jurisdiction over the case prior to this time. 35.Chairman explained that the County had no Board of Adjustment to hear such cases. 36.Mr. Boso asked if the complaints had to come from the property owners with the 300' radius. 37.Mr. Furness 38.Chairman explained that all people within the 300' radius had the right to complain, but any outside complaints would have to be judged at the time of filing. reminded those present that the complaint had to be put in writing and put through the proper channels. 39.Mr. Boso asked for the questions of screening to be clarified. 40.Mr. Nesser explained that the area surrounding the actual work area must be concealed from the residential areas. Page 4 - Board of Adjustment Minutes of June 23, 1980 41.Mr. Boso 42.Chairman 43.Mr. Boso asked what the logical requirements of the screening would be in order to permit access to the work area. agreed that the term "area" should be clearly defined since it is not specified in either the Pinal County permit or in the City Ordinance. asked if a fence that would conceal his work area but leave the parking area open would be sufficient. 44.Mrs. Boso explained the proposed fence to the Board. 45.Mr. Nunn 46.Jessamine/Vaughn 47.Chairman 48.Nesser/Nunn 49.Chairman 50.Jessamine/Vaughn recommended that the Board continue this discussion until the next meeting in order to allow time for all members to re -inspect the site and be certain of the proposed area to be fenced. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona, that the hearing on the request of Mr. Howard Boso to extend the Pinal County Special Use Permit (SUP -59-77) for the next twelve months be postponed and tabled until the next regular meeting of the Board of Adjustment on July 7, 1980, at 7:00 P.M. at the same location". The motion passed 5-0. called the Board's attention to the "Minutes" of June 2, 1980 which they had - before them. He requested that the members review the "Minutes" before making a motion on them. M/S to approve the "Minutes" as circulated TOT the meeting of June 2, 1980. The motion passed .50. called the Board's attention to a suggested resolution clarifying and correcting in- consistancies on case BA -8-80 (Lowe). M/S "BE IT RESOLVED by the Board of Ad- It't-ment of the City of Apache Junction, Arizona, that in order to clarify the Board's intentions concerning action taken on BA -8-80 (affirming and ratifying the revocation of Building Permits #213, #214 and #215), the following statement is issued: The Minutes of the May 19, 1980, meeting of the Board of Adjustment as approved on June 2, 1980, are correct and accurately reflect the actions and intentions of the Board.The resolution adopted by the Board was based on a written staff recom- mendation for the resolution and the staff recommendations as presented orally during the meeting.It was the intention of the Board to adopt the staff recommendations. Among the reasons for upholding the decision of the Zoning Administrator revoking Page 5 - Board of Adjustment Minutes of June 23, 1980 51.Chairman 52.Mr. Nesser 53.Jessamine/Furness Building Permits #213, #214 and #215 as reflected in the Minutes, is that the alleged lots do not abut upon a "public street" or a "public easement".The word "private" easement was unintention- ally stated by the Chairman while the word "public" easement was intended. The other members of the Board did not, at this time, realize that a mistake had been made in the reading of the resolution. It should be noted that even if the alleged lots did or now do abut upon a private easement only, the City Zoning Ordinance does not provide for the issuance of a Building Permit for the alleged lots unless they do abut a public street". The motion passed 5-0 by roll call vote. explained that the next section of the meeting would deal with the rules and procedures of the Board. recommended that the Board eliminate roll -call votes on the seperate pro- cedures and vote by a show of hands. M/S that the Board of Adjustment shall determine its own rules of order and that in instances of difficulty,Robert's Rules of Order may be consulted for guidance. The motion passed 5-0. 54.Furness/Nunn M/S that the Board of Adjustment will EMU their regular meeting the first Monday of each month at 7:00 P.M. at 1001 N. Idaho Road, Apache Junction, Arizona.Special meetings, when re- quired, will be called by the Chairman. The motion passed 5-0. 55.Furness/Jessamine M/S that the Board of Adjustment shall t-"omposed of five (5) members each of whom must be a resident and taxpayer of the City. Term of Appointment:The members of the Board are appointed by the City Council for terms of three (3) years each, unless sooner removed by the City Council, either with or without cause. The term of each member begins on July 1st of the year in which he/she is appointed. For purposes of determining the term of appointment, any new appointment made after July 1st shall be given the effective date of the preceeding July 1st, regardless of the actual date of appointment. Terms of appointment for the initial cre- ation of the Board of Adjustment is pro- vided for in the City Zoning Ordinance. The motion passed 5,-0. Page 6 - Board of Adjustment Minutes of June 23, 1980 56.Nunn/Jessamine M/S that the Board of Adjustment shall TrEct a Chairman and a Vice -Chairman from among its members.The officers shall serve for a term of one (1) year and until their successors are elected and qualified.The election of officers shall be held at the first regularly scheduled meeting in the month of July of each calendar year. The removal of an officer may be accom- plished only by the following means: a)the officer either resigns or is re- moved from the Board of Adjustment by the City Council or b)the officer relinquishes the office but wishes to remain on the Board. If an officer is either removed, resigns, or relinquishes his office, an election will be held at the next regularly scheduled meeting of the Board provided that there are no vacancies on the Board membership. The motion passed 5-0. 57.Nesser/Furness M/S that the duties and responsibilities --(T =the Chairman include: 58.Nunn/Vaughn To administer oaths and take evidence; to compel the attendance of witnesses in accor- dance with the laws of the State of Arizona; preparation of the agenda for all meetings of the Board; to open the session at the time the Board is to meet; to announce the business before the Board in the order in which it is to be acted upon; to state and put to vote all questions which are regularly moved or which arise in the course of the proceedings; and to announce the result of the vote. To maintain order at all times; to sustain decorum; prevent disruptions; settle disputes; certify Board actions by signature; and to perform any other tasks or functions to in- sure that all Board matters are handled ex- peditiously. The Vice -Chairman will perform the duties of the Chairman in his abscence.In the case of the removal or resignation of the Chairman, the Vice -Chairman shall serve as Chairman until such time as the Board elects a new Chairman.In the event of the abscence of both the Chairman and the Vice -Chairman at a Board function, the remaining members will appoint, from among themselves, an Acting Chairman. The motion passed 5-0. M/S that the Director of Planning of the tity of Apache Junction will serve as the Executive Secretary and staff advisor to the Board. It is the Executive Secretary's responsibility to keep the records of the Board, the Minutes of the meetings, and to prepare agenda items. Page 7 - Board of Adjustment Minutes of June 23, 1980 59.Nunn/Nesser MIS that a minimum of three members present shall ZOrithtute a quorum to take actions and render de- cisions at meetings and public hearings of the Board. When a quorum does not exist for doing business at a scheduled meeting, a member of the Board or the Executive Secretary may announce to all present that the hearing is postponed until the next scheduled meeting of the Board, without readvertising.The date, time and place of the meeting will be pub- licly announced to all present. Decisions, rulings and actions of the Board require a majority vote by the members present, unless other- wise specified in the Rules of the Board of Adjust- ment.Whenever a tie vote may occur, the question under consideration will be continued until the next scheduled meeting, at which time it will be reconsidered. Actions to add, delete or amend any internal rules, regulations, or operating practices established by the Board shall require a unified vote of at least three members with at least four members present and voting. A member may abstain from voting and taking part in deliberations upon declaration that he/she has a potential conflict of interest at hand at the point of discovery. A claim of a potential conflict of interest must be sustained by the Chairman. Members should become familiar with State statutes regarding conflicts of interest. A member may request to berelieved from taking part in deliberations and voting if for reasons of health or other unforseen difficulties, has had no oppor- tunity to review the business at hand, if such re- view is necessary to render an opinion. When a re- quest to abstain from the delibrations and voting is sustained by the Chairman, the Chairman will determine if a quorum exists among the remaining members to take action on the matter at hand. Voting on questions before the Board will be by roll -call. Members may signify their vote by "yes", "no", or "present". A vote of "present" by a member signifies the desire to vote neither for nor against the questions. 60.Nesser/Nunn M/S that the Chairman shall act as spokesman for the Board. He shall refrain from debate or from stating any opinion in reference to public busi- ness before the Board while acting as Chairman. When the Chairman wishes to speak in regard to the public business at hand, to enter debate or to originate a motion, he/she must first relinquish the chair to an appropriate member, and may not regain the chair until the specific business at hand has been concluded. Members may request advice on the special knowledge of the Chairman, to which the chair will confine his/her remarks to the infor- mation requested. Members of the Board and all persons present at the meeting will direct all comments to the Chair- man, after first being recognized by the chair. The term "Mister/Madam Chairman" will be used when addressing the chair.The Chairman may give per- mission for Board members to interrogate anyone giving testimony. Page 8 - Board of Adjustment Minutes of June 23, 1980 Members may pass notes to the chair during hearings to call attention to points in con- sideration of other matters to be discussed. While public hearings are in progress, all members should refrain from a show of emotions intended as that they can be interpreted as expressing approval or dissent.All members shall refrain from passing notes or engaging in muffled or whispered conversations between members not intended for the edification of all those present. When the Chairman determines that all public discussion of the business at hand has been presented, he shall close the meeting to the public in preparation for deliberation by the Board. When a motion is presented, a second is neces- sary to ratify acceptance.The Chairman will call for discussion.The vote may not be attempted until all members signify that the discussion has concluded. Members may call for a recess at any time. Acceptance will be at the discretion of the Chairman. 61.Vaughn/Nunn M/S to adjourn the meeting of the Board of Adjustment. The motion passed 5-0. 62.Chairman Adjourned the meeting at 9:30 P.M. Respectfully submitted, 7 - Charles NewComer Acting Executive Secretary Approved: amine 9a:rman 46ard of Adjustment