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HomeMy WebLinkAbout1980-11-17 BOA MINUTESMINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION,ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 17,1980 7:00 P.M. In Attendance Joe Jessamine,Chairman Don Nesser,Vice Chairman William Furness Harvey Morrison William Vaughn William Nunn Chuck Newcomer,Acting Executive Secretary Kathy Connelly,Secretary 1.Chairman 2.Mr.Newcomer 3.Chairman 4.Mr.Nesser 5.Mr.Furness 6.Chairman 7.Mr.Newcomer 8.Mr.Nesser 9.Mr.Newcomer 10.Nesser/Furness Guests Mayor Seeman Councilman Damiano Oscar Geiger Lillian Castro Mr.Castro Keith Stachar Oscar Geiger Ilene Taylor opened the meeting at 7:00 P.M.and requested that the Executive Secretary call the roll. called the roll and determined the members present as indicated above. stated that a quorum was present and that he would like the members to review the copies of the "Minutes"from the meeting of November 3,1980 which they had before them. recommend that the approval of the "Minutes" be put off until later in the meeting so as to allow the members the time to review them. agreed with Mr.Nesser. agreed to suspend the approval of the "Minutes" until the -end of the meeting. He then requested Mr.Newcomer to brief the members on Item #3 on the agenda,the change in the quorum number necessary for meetings. explained that with the addition of a new member to the Board (Mr.Morrison),that i t was necessary to amend the Rules and Proce- dures for the Board of Adjustment to account for the new member in the number of members needed to have a quorum. asked what section of the Board rules would have to be amended. referred the members to page 3 of the Rules and Procedures Handbook which outlined the number required for a quorum under the title, "Quorum and Voting". M/S "BE IT RESOLVED by the Board of Adjust- ment of the City of Apache Junction,Arizona, that the Rules and Procedures of the Board be amended to read that a minimum of four (4) members present shall constitute a quorum to take actions and render decisions at meetings and public hearings of the Board". The motion passed 6-0. Page 2 -Board of Adjustment Minutes of November 17,1980 11.Chairman 12.Mr.Newcomer 13.Chairman 14.Mr.Newcomer 15.Nesser/Jessamine 16.Chairman 17.Mr.Newcomer 18.Chairman 19.Mr.Geiger announced that the public hearing section of the meeting was open and asked the Executive Secretary to brief the members on Item #5 on the agenda,the application of Mr.Wynn,case BA -18-80. explained that the applicant had requested that the hearing on this case be postponed until the Board meeting of December 1,1980 to allow him to change his application. He further explained that the change in the application would make necessary a new legal advertisement in the newspaper and that i t could only be accomplished by postponing the hearing date until December 1,1980. asked if the applicant had requested that the hearing be postponed until December 1,1980. explained that the applicant wished to amend the application to eliminate the request for a resident -caretaker in the mobile trailer. He added that the applicant had withdrawn his request for a Special Use Permit and,therefore, would not be having a hearing before the Plan- ning and Zoning Commission. M/S "BE IT RESOLVED by the Board of Adjustment uf —the City of Apache Junction,Arizona,that case BA -18-80 be continued Until the meeting of December 1,1980,in order to allow for a change in the application and the necessary time for a legal advertisement of same." The motion passed 6-0. asked Mr.Newcomer to brief the members on the next case,BA -17-80. explained that BA -17-80 was the application of Arthur Dwyer of Rock Shadows Travel Trailer Resort requesting a variance to permit the reduction in the side setback requirements so that people renting the spaces could set up carport and patio covers next to the travel trailers. He added that the park was located at Idaho and Broadway Road and had approximately 681 spaces.The average size of each space being 1,584 sq.ft.The applicant was requesting that the side setback requirement be reduced from three feet (3')to eighteen inches (18"). called upon the spokesman for the applicant to present his case. stated that he was the spokesman for the applicant,Arthur Dwyer. He explained to the Board members that the requirements of the City were different from those in other cities with regard to the side setback requirements for travel trailers.He added that Rock Shadows wished only to be able to do what other area parks could do. He added that the travel trailer owners wished to be able to set up carports and protective awnings so as to protect their cars and travel trailers from the sun.The park owners did Page 3 -Board of Adjustment Minutes of November 17,1980 20.Chairman 21.Mr.Geiger 22.Chairman 23.Mr.Geiger 24.Chairman 25.Mr.Geiger not feel that this would be detrimental or injurious to the health and safety of the people involved. explained that he had inspected the park and asked i f the awnings would be facing each other,i f set up. explained that there would be room for the car and carport on each trailer on the side opposite the other trailer. asked i f the proposed awnings would be canvas or aluminum. felt that the awnings would be of aluminum- type construction. asked Mr.Geiger i f they had considered the possible fire hazard with the structures being so close together. explained that there would be nothing to burn and that there would be at least thirty feet (30')from one trailer to the other. 26.Mr.Nunn asked Mr.Geiger i f he had the "Power of Attorney"from Arthur Dwyer. 27.Mr.Newcomer explained that the proper documents were on file with the Planning Department. 28.Mr.Nunn 29.Mr.Newcomer 30.Mr.Nunn 31.Nunn/Vaughn 32.Mr.Geiger 33.Mr.Newcomer 34.Mr.Geiger 35.Mr.Newcomer asked if the Fire Chief had had the time to study the situation and,i f so,what were his conclusions. explained that he had sent a memo to the Fire Chief requesting his input but had not received anything back. recommended that the Board postpone the hearing until they had information from the Fire Chief regarding the possible safety and fire hazards involved. MIS "BE IT RESOLVED by the Board of Adjust- TIOft of the City of Apache Junction,Arizona, that the public 'hearing on case BA -17-80 be postponed until the meeting of December 1,1980 so as to allow time to obtain a report from the Fire Chief on the possible fire hazards". The motion passed 6-0. asked when the next meeting would take place. informed Mr.Geiger that the next Board meeting would be Monday,December 1,1980. asked i f he would be notified of the meeting. stated that a letter would be sent reminding him of the meeting date. 36.Chairman asked i f there were any additional comments. Page 4 -Board of Adjustment Minutes of November 17,1980 37.Mrs.Taylor 38.Mr.Newcomer 39.Mr.Nesser 40.Mr.Newcomer 41.Mr.Furness 42.Mr.Nesser explained that she was speaking neither for nor against Mr.Geiger,but that some of the older parks in the area did allow the 18" side setback to permit the awnings and car- ports.She pointed out that the Mesa Fire Chief had no problem with the smaller require- ment that some of the Mesa parks had. pointed out the memo from the Building Admin- istrator that was in the Board packets.The memo stated that the travel trailers and rec- reational vehicles did not conform to the one- hour fire resistance rating as required by the Uniform Building Code,which the City had previously adopted. added that since the UBC referred to fire hazards,that he assumed the Fire Chief also used it as a reference.He suggested that Mr.Newcomer determine Whether or not the Fire Chief was in agreement with the findings of the Building Administrator. explained that he had -made ,sudra request to the Fire Chief approximately ten (10)days ago, but had not received any response. added that according to the UBC,the awnings and carports could not be placed on the travel trailers at the requested 18"apart. He explained that i t couldn't be done,no matter what the input of the Fire Chief was. suggested that they wait until the next meeting to determine what the opinion of the Fire Chief was. 43.Mr.Furness reminded the Board members that the Fire Chief represented the County and not the City. 44.Chairman called for additional comments. He then announced a five-minute recess to allow time for the members to review the "Minutes"from the previous meeting. 45.Chairman called the meeting to order at 7:40 P.M.and stated that he would entertain a motion on the "Minutes"from the meeting of November 3,1980; 46.Nesser/Vaughn M/S "BE IT RESOLVED by the Board of Adjustment UT-the City of Apache Junction,Arizona,that the "Minutes"of the meeting of November 3,1980 be approved as written." The motion passed 5-0 with Mr.Morrison abstaining since he had not attended the meeting in question. 47.Chairman asked if there was any other business to be considered:at this time. 48.Mr.Newcomer informed the Board that he had met earlier fn the day with a man who had purchased the Page 5 -Board of Adjustment Minutes of November 17,1980 49.Mr.Nesser 50.Mr: Newcomer 51.Mr.Nesser 52.Nesser/Furness . 53 Mr.Newcomer 54.Mr.Vaughn 55.Chairman 56.Vaughn/Nunn 57.Chairman Respqctfully subwitted, es R.NeWdafrid-r Acting Executive Secretary property that had been the subject of case BA -9-80 earlier in the year.He explained that the original had never done anything with the property after being granted the variance. He added that the new owner was now having problems placing a mobile home on the prop- erty because of the Board's original resol- ution requiring that the CR-3 setbacks be complied with. stated,that he -recalled:the case and that the Board had inspected the property and had found' the storage shed to be well -constructed,but had decided that it must be placedAn com- pliance with the CR-3 requirements. explained that it was not possible for the property owner to comply with the requirements asked if it was necessary for the -property owner to_cometoefore the -Board or if the Board could change the wording in the original resolution. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the new owner of Lot #39 in the Hughes Place Subdivision be permitted to come before the Board to present his proposal for the place- ment of the storage shed on the lot." The motion passed 6-0. added that the original variance ran with the property,not the owner,and that i t also applied to the other such lots that were in that same subdivision. requested copies of the "Minutes"from that particular meeting before the next meeting-. called for additional comments. There being none,he called for a motion to, adjourn. MIS "BFIT RESOLVED by the:Board of Adjust- meta :9f the City of Apache Junction,Arizona, that the meeting be adjourned." The motion passed ,6-0. adjourned -the meeting at 7:50 P.M.