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HomeMy WebLinkAbout1980-11-03 BOA MINUTESMINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION,ARIZONA 1001 N.IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 3,1980 7:00 P.M. In Attendance Joe Jessamine,Chairman Don Nesser,Vice Chairman Bill Furness William Nunn William Vaughn Chuck Newcomer,Acting Executive Secretary Jackie LeCount,Secretary 1.Chairman 2.Mr.Newcomer 3.Chairman 4.Mr.Nesser 5.Chairman 6.Nesser/Nunn .7.Mr.Newcomer 8.Chairman 9.Mr.Newcomer GUESTS Norm Benedum Bob Holder Mr.Roberts Mr.Roby Mr.Peterson Mr.Richard Oltman opened the meeting at 7:00 p.m. and requested the Executive Secretary to call the roll. called the roll and determined the members present as indicated above. stated that at this time he would like to get the approval of the "Minutes"dated October 6,1980. stated there were only three members present at the October 6, 1980,meeting. He said they were Mr.Jessamine, Mr.Nunn and himself. stated that those three members who were present at the October 6,1980, meeting,should take a roll call by vote. M/S to accept "Minutes"of October 57-1980,as amended. called the roll call The motion passed 3-0 with Mr. Jessamine,Mr.Nunn and Mr.Nesser voting. stated item no.3 was a variance application BA -15-80 from Mr. Sieberz.He explained that this is a public hearing and asked the Associate Planner to brief the Board of Adjustment on this petition. said that Mr.Siebertz is requesting a variance from the GR zone setback requirements.He is located at the intersection of Cody Street.This would be Wickiup except this doesn't go all the way through.This ease- ment here is unnamed.This is Scenic down to the South. Page 2 -Board of Adjustment Minutes of November 3,1980 10.Mr.Benedum 11.Chairman 12.Mr.Nesser 13.Mr.Benedum 14.Mr.Nesser 15.Mr.Newcomer Mr.Sieberz is requesting a variance due to the fact that Weeks Wash comes right thru the back of his property and according to the flood -prone hazard map that we have from Cella,Barr and Evans,a good portion of his property is within the flood -prone area.Mr. Sieberz would like to place a mobile home on this acre and ¼ and he would like the GR setback requirements re- duced to five (5)feet on the front side which would be the West side and the five (5)feet that would be the South side.The easement runs between these two lots as a 66 foot easement.33 feet off each property.This easement is not used for anything.This 66 foot easement on the back is not being used for roadway purposed. spoke in behalf of Mr.Siebertz.He stated his address as 1519 El Parkway, Tempe,Arizona.He added that we are the people who will be having a mobile home on the lot. He said that down towards the wash the land slopes away at a severe angle limiting the location of the trailer to the upper part of the lot. asked i f there were any questions. said that he went down to see the place and I could appreciate what you are trying to do.The only question I have in mind is that the Building Official says i t does face on the street and that would be a 66 foot wide street.However, I noticed that just to the south there, those people have blocked off what would be a lane through there. What I would like to know is i f that is a dedicated access road. answered:"I don't know if you have a plot plan for this property.He has already given an easement to the South and he's given an easement to the West on that,and actually our mobile home will be in this area here (indicated on the map)." said that while he was down there,he noticed that going down towards Senic that there were blocks across the road. We would be remiss if we would permit the use of that lot without having a dedicated access. stated that it was dedicated to the public. Page 3 -Board of Adjustment Minutes of November 3,1:98O 16.Chairman 17.Mr.Holder asked i f there were any other questions and i f there was anyone in the audience that wished to speak for it. wished to say that he was the property owner of the property immediately south of the property in question. He added that the only property owner that would affect would be himself.The footage in question,at no time would would ever be in conflict with himself. 18.Chairman asked i f there was anyone in the audience that was in opposition. 19.Mr.Newcomer He then asked the Associate Planner to read his recommendation. replied that the recommendation of the Zoning Administrator memo dated November 3,1980:I have inspected the applicant's property and find the property is indeed in the flood plain of Week's Wash.Access is gained from the street on the west side of the property which apparently, at this time,does not have a name. The applicant has,at some time in the past,apparently installed utilities and the septic tank system. The contour of the ground and information that we have available indicates that the lower portion of the property will probably be subject to flooding a minimum of 2-3 feet in depth. Immediately south of the property there are two lots which have been previously developed.The trailers and buildings on those lots appear to be located partially in the right-of-way and should the need arise in the future for the street to be cut further south,they would probably have to be removed and/ or relocated. The.wash on the east side of the applicant's property will probably preclude the development of a street on that side, consequently,i t appears that the only means of access will be on the westerly street.I f the applicant were to be allowed to locate the mobile home as in- dicated on his request for a variance,i t appears that it would create problems if and when the road is cut on through. For this reason,we recommend that the request for .a variance be denied. " page 4 -Board of Adjustment Minutes of November_3,1980 20.Mr.Nunn 21.Mr.Newcomer 22.Mr.Nesser 23.Mr.Benedum 24.Mr.Furness 25.Mr.Newcomer asked "why can't that trailer be set back 15 feet rather than 5 feet? asked i f he could draw a diagram to explain the situation a little further. With this being Weeks Wash up here,this would be going towards the west.The applicant has built up an area up out of the flood plain.This would be the street out here.He has already installed a septic tank and utilities on this built up area.The wash would be back in here. Any type of movement back off of the street here would require some type of extra fill in back here. approached the drawing board and made some :further comments concerningthe -case. stated that on the plot plan he had, to:West there was:already-a 33 foot easementthat was,deeded'to the property line.With that 33 feet,it would still give them room for a road in the -future. asked the Chairman i f he could ask Mr. Newcomer if anyone knows i f the two lots which were developed south of the property and have trailers and buildings on them,and seem to be located in the right-of-way,are in fact in the right- of-way? answered:"No Sir".He added that on inspection and seeing the location of the utility lines in there it appeared as though they were in the right-of-way. 26.Mr.Furness asked i f the proposed location was not in that easement. 27.'Mr.Newcomer 28.'Mr.FUrness answered:"No ,it's 5 feet off of it." said he didn't see •how they could deny that on those grounds."If we gave him a variance,he is legally alright." 29.Mr.Newcomer answered:"Mr.Chairman,the reason we had thought about that is that the 5 feet is extremely close between the edge of the public right-of-way and a structure. It might cause problems in the future. We would have to ask them to move further back i f there was some problem with only being 5 feet off the right-of-way." 30.Mr.Nesser approached the drawing board and stated that he thought that might be the only piece of property that doesn't have a free access to a right-of-way. 31.Mr.Nunn asked if Wickiup would continue on through there at some time or another? page 5 -Board of Adjustment Minutes of November 3,1980 32.Mr.Newcomer 33.Mr.Vaughn 34.Mr.Newcomer 35.Mr.Nesser 36.Mr.Benedum 37.Nesser/Furness answered "No,probably not.The access way would end up being this street here (indicated on the map)to connect Cody and Senic,due to the wash back here. It would create too much of a problem trying to keep a road open back here." asked Mr.Newcomer that i f they were to deny this applicant like the Zoning Administrator said,and i f the gentlemen does go ahead and put his trailer in and meet the distances,that he was sure the back area of the trailer was going to have to be filled with dirt.I f that wash does flood over,does the City resume the responsibilities? He asked,would the Board be any way liable for it? replied:"No,our only concern when we went out there was that 5 feet is just a little too close to a public easement." stated that i f the water went anyhwere, it would go to the east.That is the lower territory down there.The water would wash Scenic Drive out before i t ever got anywhere near his road. said that the question that the Zoning Administrator seems to have raised is that if one property line was right there,(indicated on the map)and he's got it divided into an acre and a 4 parcels,actually his property line is the 33 feet of the easement that has been dedicated as the easement.The trailer would be sitting back still another 5 feet. He said:"we are talking about almost 40 feet from his property line.The slope is a natural terrain slope." M/S "BE IT RESOLVED by the Board of the m y of Apache Junction,Arizona: Hereby granting a variance to the yard setback requirements of Section 806 and Section 807 of the City Zoning Ordinance to John C.and Joyce E.Sieberz,allowing them to place a mobile home on their property located at 524 N.Wickiup, Apache Junction,Arizona.The legal description of said property being: S1/2 NE4 SE14 NW1/4 NW4 Section 22 Township 1 North Range 8 East Gila &Salt River Base &Meridian.(Assessor's Plat #103-03-24A). The minimum setback to the easement located on the West side (front yard) of said property shall be 5 feet as depicted in this plat. The minimum setback to the South side shall be as depicted (5 feet)and all other requirements of the GR (General Rural)zoning district must be complied with. page 6 -Board of Adjustment Minutes of November 3,1980 38.Mr.Nesser added:I would propose that we base our decision on the following factors that this is the only property in that area that does not have now the dedicated street open to the public.We have indication that the easement has been provided for this one piece of property and no other properties will be affected by the easement,to our knowledge." 39.Chairman stated to Mr.Newcomer that they should have a vote by roll call. 40.Mr.Newcomer called the roll. Motion carried 3-2 with Mr.Nunn and Mr.Vaughn voting against the motion. 41.Chairman stated the next case would be BA -16-80, from Mr.Roberts. 42.Mr.Newcomer 43.Mr.Roberts 44.Chairman 45.Mr.Roberts 46.Chairman 47.Mr.Roby said Mr.Robert's property is located on Cody Street,near the intersection of Delaware.The zoning in this entire area is GR (General Rural)but the average size of lots are between 7,000-8500 square feet. Currently on the property,the Roberts have a mobile home with a ramada and a carport -type structure off to this side,and what they want to do is put an awning on the east side.They can't make the GR setback requirements for that. The proposed construction drawing calls for the awning to be approximately 18 feet from the rear lot line and approximately 15 feet from their East property line. Most of the other mobile homes in this little sub -division here do have some type of awning and carport structures off to either side. stated his name and said that he was trying to get an awning put on his home because the sun shines in there and i t becomes very hot. He stated that i f he had an awning,i t would cut that all off.It would also be an improvement to the place. asked i f there were other mobile homes with awnings on them. answered:"Yes,all of them do.Some of them have three of them. asked i f there was anyone else to speak for the applicant. came forward and said that he looked over the property and he thinks i t would be an improvement. page 7 -Board of Adjustment Minutes of November -3,_1980 48.Mr.J.S.Peterson 49.Mr.Newcomer stated that he lived at 2475 W.Cody, right across the street from Mr. Roberts and that he thought it would be a very big improvement. said that he received phone calls last week from a Mr.Vernon Skinnel and a Mrs.Gertrude Rix,both residing on W.Ohio St.Neither one of them had any objections to the plans by the Roberts on the awning. 50.Chairman asked Mr.Newcomer i f he had a re- commendation on this case. 51.Mr.Newcomer 52.Mr.Nesser 53.Furness/Vaughn 54.Chairman 55.Mr.Newcomer 56.Mr.Newcomer 57.Nesser/Furness 58.Nesser/Vaughn 59.Chairman answered that neither the Zoning Administrator or myself have a recommendation on this. stated that the only thing Mr. Roberts suffers from is a compliance with the setback requirements of the GR zone. M/5 "BE IT RESOLVED by the Board bT—Adjustment of the City of Apache Junction,hereby granting a variance to the yard setback requirements of the GR zone,Article 8,of the City Zoning Ordinance to L.Fillmore Roberts for the property located at 2476 W. Cody St.,Apache Junction,Arizona. Lot 18,Block 5-Pueblo Del Sol Subdivision. This variance is granted to allow the construction of an awning to dimen- sions setbacks shown on the drawings submitted with variance application BA -16-80." asked Mr.Newcomer to take a vote by roll call. called the roll.The motion passed 5-0. said that they had other business which pertained to setting up a special November 17,1980,meeting for 2 variance applications. M/S to hold next session of the Board Tf —Adjustment on November 17,1980, at 7:00 p.m.at City Hall Complex, 1001 N.Idaho Road,Apache Junction, Arizona. The motion passed 5-0. MIS to adjourn the meeting. The motion passed 5-0. Adjourned the meeting at 8:00 p.m. page 8 -Board of Adjustment Minutes of November 3,1980 Respectfully submitted: Charles Newcome! Acting Executive Secretary Approved: unapman Board gf Adjustment