Loading...
HomeMy WebLinkAbout1980-08-04 BOA MINUTESBOARD OF ADJUSTMENT CITY OF APACHE JUNCTION, ARIZONA CITY HALL COMPLEX 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA AUGUST 4, 1980 7:00 P.M. In Attendance Joe Jessamine, Chairman Don Nesser, Vice Chairman Bill Vaughn Bill Furness Chuck Newcomer, Acting Executive Secretary Jackie LeCount, Secretary 1.Chairman 2.Mr. Newcomer 3.Chairman 4.Nesser/Furness 5.Chairman 6.Mr. Newcomer 7.Chairman 8.Mr. Salazar Guests Absent Mrs. Frances Ramirez Pete Nunn (ill) Mr. Benito Salazar Mr. Donald Owensby Mr. Milton Roby Mr. Jerry Fear Mr. Earl Feda Mr. Roy Hudson called the meeting to order at 7:00 P.M. and requested the Acting Executive Secretary to call the roll. called roll and determined the members present as indicated above. announced that there was a quorum present and called upon the Executive Secretary to brief the members on the first item before them, the approval of the "Minutes" from the meeting of July 7, 1980. M/S to approve the "Minutes" from the meeting TA—July 7, 1980, as written. The motion passed 4-0. asked the Executive Secretary to brief the members on the next case before them, the continuation of the public hearing on the variance application of Mrs. Frances Ramirez, BA -10-80. reminded the Board that the case was a contin- uation of the public hearing from the previous meeting.At that time, the Board had given Mrs. Ramirez a continuation to allow her the time to prove sole ownership of the property. He informed the Board that he had not received any documents from Mrs. Ramirez establishing her as the sole owner. called on Mrs. Ramirez to present her case. informed the Board that he, as the attorney for Mrs. Ramirez, would present information for their consideration. He informed the Board that the legal title to the property had not yet been established. Mrs. Ramirez was presently taking her case of ownership to the courts in order to establish her as the sole owner. He explained to the Board that Mrs. Ramirez had purchased the property and paid for it herself. Legal action had been filed in Florence and they were still awaiting word as of today. He requested that the Board grant a continuance to allow for the legal process to occur. Page 2 - Board of Adjustment Minutes of August 4, 1980 9.Nesser/Furness 10.Chairman 11.Mr. Newcomer M/S "BE IT RESOLVED by the Board of Adjust- ment of the City of Apache Junction, Arizona, to grant Mrs. Frances Ramirez of 1686 North Valley Road, Apache Junction, Arizona, a con- tinuance of sixty (60) days to permit enough time to legally establish ownership of the above mentioned property. Further, to inform Mrs. Ramirez and Mr. Salazar of the date, in writing.The hearing will be continued until the next regular meeting of the Board of Adjustment to be held in October, 1980, (October 6, 1980) at 7 P.M. at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona." The motion passed 3-1 with Mr. Vaughn voting "no". asked the Executive Secretary to brief the members on the next case before them, the variance application of Mr. Owensby, BA -11-80. explained that it was necessary for Mr. Owensby to apply for a variance and appear before the Board because he had constructed a storage shed/ carport that was not in compliance with the requirements of a General Rural (GR) zone. He informed the Board that Mr. Owensby had done the construction without the proper permits and did not meet the setback requirements of the zone. 12.Chairman called upon Mr. Owensby to present his case. 13.Mr. Owensby informed the Board that he had placed the shed/carport at its present location so as to utilize his lot as best as possible. He also informed the Board that he hadn't thought that it was necessary to obtain a permit for the construction. He explained that construction had been stop- ped by the Building Official presenting him with a "Cease and Desist" notice.He further informed the Board that he had paid the fine and the cost of the Building Permit, and wanted to continue building the structure. He informed the Board that he considered it impossible to meet all of the setback require- ments and still be able to utilize the property. 14.Chairman asked for additional comments or questions. 15.Mr. Milton Roby explained that he lived at 2451 W. Cholla in Apache Junction, Arizona. He informed the Board that he felt that Mr. Owensby had improved his property by construct- ing the shed and felt that he should be granted the variance. 16.Chairman called for additional comments. 17.Mr. Owensby informed the Board that the Salt River Project had a 6' easement on his property that preven- ted him further from making full use of his land. Page 3 - Board of Adjustment Meeting of August 4, 1980 18.Mr. Hudson informed the Board that he had seen the prop- erty in question in previous years and that Mr. Owensby had made several improvements and attempts to clean up the mess left by others. He further explained that he did not think it right that Mr. Owensby should be penalized because the Salt River Project had a 6' ease- ment on his property. 19.Chairman called for additional comments. 20.Mr. Jerry Fear 21.Mr. Earl Feda 22.Chairman 23.Furness/Nesser informed the Board that he lived at 2232 W. Ohio in Apache Junction, Arizona, and that he would like to see Mr. Owensby obtain the variance since he spent a great deal of time and money improving the property. He further explained that Mr. Owensby's prop- erty was one of the neatest homes in the area. explained that he lived at 2441 N. Delaware in Apache Junction, Arizona. He informed the Board that Mr. Owensby had done a good job in fixing up the house and that he should be entitled to some justification such as the granting of the variance. called for additional comments from the floor or the Board members. There being no additional discussion, he called for a motion on the variance. M/S "BE IT RESOLVED by the Board of Adjustment OT—the City of Apache Junction, Arizona: Hereby granting Mr. Donald L. Owensby a variance to the side and rear setback requirements of Article 8 of the City Zoning Ordinance to con- struct a carport and storage shed on the premises (North 100', Tract 56, Cayton Subdivision) to the dimensions and yard setbacks as shown on the plot plan submitted with the variance application, BA -11-80. In accordance with the provisions of Section 2403 of the City Zoning Ordinance, the Board bases its decision on the following factors: 1. The lot in question is approximately 10,000 sq.ft.This would prevent the adequate development of the lot as a building site if the yard and setback requirements of the General Rural (GR) zone were applied. 2. Adjacent to this site there are buildings and uses which do not conform to the require- ments of the zone. Further, the Board notes that Mr. Owensby has proceeded with construction without first obtaining the necessary permitting.The actions of the Board are only applicable to the yard and setback requirements for the structures in question.This action in no way supercedes the requirements of the City Building Code... The City Building Official will be notified of the Board's action on this matter". The motion passed 3-1 with Mr. Vaughn voting "present". Page 4 - Board of Adjustment Minutes of August 4, 1980 24.Chairman called for additional comments or questions on the matter. There being no additional comments, he announced that the public hearing section of the meeting was closed and called for a motion to recess for five minutes. 25.Nesser/Vaughn MIS to have a five -minutes recess. 26.Chairman 27.Mr. Newcomer 28.Nesser/Furness The motion passed 4-0. called the meeting to order after the five- minute recess and requested the Executive Secretary brief the members on any other business that should be considered. called the Board's attention to the fact that the first Monday in September was Labor Day and that their regularly scheduled meeting was set for that particular day. He suggested that the Board make a motion to change the day of the meeting so as to avoid conflict with •the holiday schedule since the City Hall Complex would be closed. M/S "BE IT RESOLVED by the Board of Adjust- ilea of the City of Apache Junction, Arizona, that its next regular meeting be held on Monday, September 8, 1980, at 7:00 P.M. at the City Hall Complex, 1001 North Idaho Road, Apache Junction, Arizona." The motion passed 4-0. 29.Chairman called for additional comments or questions. There being no further discussion, he called for a motion to adjourn. 30.Nesser/Furness M/S to adjourn the meeting of the Board of Adjustment. The motion passed 4-0. 31.Chairman adjourned the meeting at 8:00 P.M. Respectfully submitted, Charles Newcomer Acting Executive Secretary Approved: ol" aniiiie", Chairman Of Adjustment