HomeMy WebLinkAbout1980-09-22 BOA MINUTESBoard of Adjustment
City of Apache Junction
1001 North Idaho Road
Apache Junction,Arizona,85220
September 22,1980
7:00 p.m.
In Attendance Absent Guest
-Don Nesser,Vice Chairman Joe Jessamine Sharyn Oden
Pete Nunn (vacation)Althea Nunn
Bill Vaughn
Bill Furness
Chuck Newcomer,Acting
Executive Secretary
Jackie LeCount,Secretary
1.Mr.Nesser (Vice -Chairman)
2.Mr.Newcomer
3.Vice -Chairman
4.Mr.Furness
5.Mr.Nunn
opened the meeting at 7:00 p.m.
and requested the Acting Executive
Secretary call the roll.
called roll call and determined
four (4)members present as indicated
above.
declared a quorum present and called
the Board's attention to the "Minutes"
from the meeting of September 8,
1980,which the members had before
them.
He then stated he would entertain
a motion on the "Minutes".
made a motion to approve the "Minutes"
from the September 8,1980,meeting
of the Board of Adjustment as written.
suggested that the approval of the
"Minutes"be held over until Joe
Jessamine gets back so we all can
vote on this.
He explained that he himself had
been ill and hadn't had the chance
to read them over.
6.Mr.Vaughn agreed with Mr.Nunn toThold the
"Minutes"until the next meeting.
7.Mr.Furness
8.Nunn/Vaughn
9.Vice -Chairman
recalled his motion.
1
1/S to hold the "Minutes"until the
Board of Adjustment meeting of
October 6,1980,at 7:00 p.m.at
1001 N.Idaho Road,Apache Junction.
The motion passed 4-0.
announced that the next item on the
agenda would be the public hearing
for BA -14-80,variance application
as requested by Mr.Earl M.Feda.
Page 2 -Board of Adjustment Minutes of September 22,1980
10.Mr.Newcomer
He further explained to Mr.Feda
that the Executive Secretary would
brief the Board members on this
and then he would be allowed five
(5)minutes to give any input he
cares to or any explanation.He
added that anyone is free to speak
in behalf of Mr.Feda.
explained that Mr.Feda wished to
construct an awning off the South
side of his residence.He's in
GR zoning district,which requires
a forty foot (40)minimum front
yard to the street and he only
has 30 right now.Also his side
yard requires 20,and according
to his drawing after the awning
is built,he will have 20,but
theres probably a couple of feet
discrepancy there,just from look-
ing at your property.I'm not
sure if you will still have the
full 20 feet on the side or not.
Looks like it might be a couple
feet short of that.That is really
not the issue.The issue would
be the full ten (10)feet in the
front that he is lacking.
11.Vice -Chairman asked Mr.Feda i f there was any-
thing he wished to speak about.
12.Mr.Vaughn asked i f it was 32 feet from the
south property line to the edge
of the house.
13.Mr.Feda replied "right"
14.Mr.Vaughn
15.Mr.Feda
16.Mr.Vaughn
asked:on the 12 foot designation
is that the new addition or is
that the existing?The 32 feet
you have is to the house,is that
correct?
replied "right"
asked:"the 12 feet that you show
on the side,is this the new
addition or is this already on the
house?"
17.Mr.Feda replied:'no,it would be an awning
put on the house.A metal awning."
18.Mr.Vaughn asked Mr.Feda i f the 12 feet that
is shown here was the new addition.
19.Mr.Feda
20.Mr.Vaughn
replied "yes".
asked:in otherwords,you still
have the 20 feet on the other
side?"
Page 3 -Board of Adjustment Minutes of Septmeber 22,1980
21.Vice -Chairman asked i f there were any other
questions.
22.Mr.Furness
23.Mr.Feda
24.Mr.Furness
25.Mr.Feda
26.Mr.Furness
asked:"on your carport,that is
existing there now,is that part
of the house or is that what you
just show here?"
"no,that is separate."
asked Mr.Feda i f he then only
had 20 feet."Do you have only
20 feet left after the carport
was put on?We're talking about
the existing carport.Is that
part of the house?Was that
there?"
replied "no."
asked Mr.Feda i f he then had to
take 12 feet off that 32 feet to
start with before starting to
to build a new one.
27.Mr.Feda stated Mr.Furness had him confused
a little bit.
28.Mr.Newcomer
29.Mr.Furness
30.Mr.Vaughn
interjected:"Mr.Chairman,the
existing carport sits to the back
of the house and slightly off to
the side.It's my understanding
that the new awning would be
towards the street from the exist-
ing carport.Is that what the
question was?"
stated:"no,theres a carport
there on the side of the house
now.A car was sitting there
today."
explained that we both have the
same question,but it's just a
little bit different.
He asked Mr.Newcomer i f he had
seen the drawings.
31.Mr.Newcomer stated that he had.
32.Mr.Vaughn explained:"what we're asking,
from the south property line over
to the house,does he have 32 feet
at present?"
33.Mr.Newcomer replied:"yes,he does at the
present time."
34.Mr.Vaughn asked i f the 12 X 26 was existing.
35.Mr.Newcomer replied that i t is his proposed
construction.The existing
carport sits to the back.
Page :4 -Board of Adjustment Minutes of September 22,1980
36.'Mr.Vaughn,
37.1 14%Newcomer
38.-Mr.Feda
39.Vice -Chairman
40.Furness/Nunn
41.Mr.Newcomer
42.Vice ,-Chairman
43.Furness/Nunn
44.Vice -Chairman
45.Mr.-Newcomer
questioned:"so in otherwords,you're
telling me that the existing one sits
here?"
"the existing one sits towards the back
lot line.Towards the East."
added that there was nothing on the house
at the present time.
asked i f there were any other questions.
He asked i f there was anyone else who
wished to speak on this BA -14-80?
He then called for a motion.
M/S "BE IT RESOLVED by the Board of
Mustment of Ithe City of Apache Junction,
Arizona:
Hereby granting a variance to the yard
and setback requirements of Article 8 of
the City Zoning Ordinance to Mr.Earl M.
Feda of 441 North Delaware Drive,Apache
Junction,Arizona,to construct an awning
to the dimensions and location as shown
on the drawings submitted with variance
application #BA -14-80 on the property
located at 441 North Delaware Drive,Apache
Junction,Arizona.(the.SOuth,ninety/(90)
feet of the North 1/2 tract 56 Cayton subdivision.,
The Board in according with its powers as
stated in Section 2403 of the City Zoning
Ordinance,finds that:
1)The size of the lot in question makes
strict compliance with the yard re-
quirements of the GR (General Rural)
zone impossible without practical
difficulty or hardship,and
2)Adjacent to the site and in the neigh-
borhood area there are buildings which
do not conform to the regulations of
the zone in which they are located.
asked the Chairman:"Mr.Chairman i f I
may,before the roll call,would like to
enter into the minutes the memo to the
Executive Secretary of the Board of Adjust-
ment from the Zoning Administrator on this
case.His recommendation is that this
variance be granted as consistant with other
development in the area because there is
more than sufficient setback were this property
in a CR-3 zone which would be the zone that
it would normally be located in with that
type of lot size.I would just like to
enter that into the minutes."
asked:"Mr.Furness,Mr.Nunn,- are there
any objections to that addition?"
both replied "no".
called for the roll.
called the roll
The motion passed 4-0.
Page .5 -Board of AdjustmenL M;flutes of September 22,1980
46.Vice -Chairman
47.Mr.Newcomer
48.Mr.Feda
49.Mr.Newcomer
50.Vice -Chairman
51,Mrs.Wen
52.Vice -Chairman
asked the Acting Executive Secretary
to advise the applicant of his next
actions.
explained:"Mr.Feda,now that the
variance has been granted,a memo
will be sent over to the Building
Department stating the variance and
the conditions which would basically
be conditions of the variance.
You'll need to apply fora Building
permit with the Building Department
before you proceed with construction."
asked i f that could be done tomorrow.
replied:"yes,I ought to be able
to have a memo over to Leo Frazier
by then."
closed the public hearing and
announced:"we have a visitor Mrs.
Oden,and I understand from talking
from people in the office,she
wishes to speak.However,Mrs.Oden,
I would like to say the Board of
Adjustment is very limited in its
scope.I t is not a public forum
and out of common courtesy,I will
allow you to speak.However,the
action that we have taken in the
case you have in mind is final and
binding unless its overturned by the
court of law which is the Superior
Court of the County where we reside.
Now,as such,we do not re -open
our cases under protest,only by
order of the court.If you care to
speak,you may.I will give you five
minutes to speak,but I will not
allow any members of the Board to
answer any questions or enter into
any discussions."
replied:"I wasn't going to speak
tonite.Actually,I came to the
meeting to find out what Mr.Newcomer
had found out on the direction of
the Board from the last time that
you met."
replied:"I believe she makes reference
to Mr.Jessamine's request where he
asked that you get an opinion from
the City Attorney."
53.:Mr.Newcomer replied -:that has not
yet.That should be back Wednesday.
54.Mrs.Oden stated:"there were two questions,
though,that I had today when I was
in the city office and one was that
I did ask Mr.Newcomer i f the Building
Inspector had actually inspected the
property because the second part of the
motion,read,was l 'adjacent to the
subject property are buildings which
do not conform to the yard requirements
of the zone",and they do.So,that
part of the motion would be incorrect."
Page 6 -Board of Adjustment Minutes of September 22,1980
55.Vice -Chairman
56.Mrs.Oden
The second point that I asked was
there some question at the meeting
as to why there was just the one
application although Mr.Eidson
wanted to enclose both carports of
the properties he has on West 3rd
Avenue.The motion did read that he
was allowed to enclose both of them.
However,he paid only the one $65.00
fee.Now I'm wondering is this
regular procedure?I have two prop-
erties on that street also.So,
i f i t goes for one another,you don't
have to have two applications if you
want to do something to two different
buildings,even though they are
basically the same type of construction.
So,I did have those questions and
I did want to hear what the opinion
was according to the motions that
have been made last time.And as I
said to Mr.Newcomer and as I said
last time that I was here,I am not
opposed to en -closing carports as
long as they go along with the deed
restrictions of the amount of footage
that you have between the property
lines.All the original Apache -Ho
Homes have that.The Peck Homes
have that.The Farnsworth Homes have
that.But the homes that Jones
Construction Company built,their
drive -ways and their open carports
are 3-4 feet from property line,
not the minimum of 7 feet.That
was my objection to it."
replied:"my advice to you then,
would have to be just advice.We
have nothing to do with the operation
of the Zoning Administrator.There's
a difference between the Planning
and Building office and the Zoning
Administrator.The Zoning Administrator
has a lot of things as issuance of
building permits and such.So,you
would either have to go see them or
I would suppose,you next resort,
if you didn't get satisfaction then,
would be a letter to either the
City Manager or to the Mayor asking
for a better explanation.We're not
in the position because our duties
are strictly confined to the inter-
pretation of the Zoning Ordinance as
i t is.We have nothing to do with
whether or not a building permit is
issued or anything like that.
replied:she was not talking about
a building permit.I was talking
about the application he made for
the variance.He paid one $65.00
fee,although two homes were involved.
Page 7 -Board of Adjustment Minutes of Septmeber 22,1980
she stated:"that is why I am
objecting and there was another
thing in the Minutes that were
not correct.I objected on three
things."
1.It was against the deed re-
strictions,and the "Minutes"
did not show that.
2.It was a fire hazard,because
there will be a greater fire
hazard -.'
3:On re -sale value.
Thank you very much.
57.Vice -Chairman Is there any further business?
58.Vaughn/Furness M a to adjourn the meeting of the
Board of Adjustment.
The motion passed 4-0.
59.Vice -Chairman adjourned the meeting at 7:30 p.m.
Respectfully submitted:
/
//lat-eJ7,1,727A__/7/• Ut . .dries wewcumer
Acting Executive Secretary
Approved:
Don F.Ness-er
Acting Chairman
Board of Adjustment