HomeMy WebLinkAbout1981-01-05 BOA MINUTESBOARD OF ADJUSTMENT
CITY OF APACHE JUNCTION,ARIZONA
1001 NORTH IDAHO ROAD
APACHE JUNCTION,ARIZONA
JANUARY 5,1981
7:00 P.M.
In Attendance Absent
Don Nesser,Vice Chairman
Pete Nunn
Bill Furness
Harvey Morrison
Bill Vaughn
Jackie LeCount,Secretary
Chuck Newcomer,Acting
Executive Secretary
1.Vice Chairman
2.Mr.Newcomer
3.Chairman
4.Mr.Vaughn
5.Chairman
6.Chairman
7.Mr.Newcomer
8.Chairman
9.Mr.Newcomer
Joe Jessamine
(business)
Guests
Larry Ehler
Mrs.Ehler
Jimmy Wynn
Mrs.Wynn
Jackie C.LeCount
Richard W.LeCount
chaired the meeting in the absence of Mr.
Jessamine.
opened the meeting at 7:00 P.M.and asked
the Executive Secretary to call the roll.
called the roll and determined five (5)
members present,as indicated above.
announced that a quorum was present and
that the next item was the'Minutes"dated
December 1,1980.
He then asked i f there was any discussion.
made a suggestion that they defer the"Minutes"
until after agenda item #4 and discuss the
"Minutes"then,because there were some changes
on it.
stated i f there were no objections,they could
hold the discussion on the "Minutes"until
after the public hearings.
There were no objections.
announced that the next item on the agenda was
the continuation of BA -18-80,application of
Jimmy Wynn.
said that the Wynn's should arrive very shortly.
suggested they go on to the next case and come
back to BA -2240 when Mr.Wynn arrives.
asked the Executive Secretary to brief the
members on case BA -22-80 (Ehler).
stated that Mr.Ehler has applied for a permit
to allow a travel trailer to be used as a
dwelling unit for a security guard on his property
located on S.Coconino Drive and W.22nd Avenue,
which is right off Idaho Road,just a little
bit north of Southern.
He added that the whole area is zoned CB -2 all
around it.His lot is approximately 160'X
60'and in CB -2 regulations there are no
provisions for using anything but a conventionally-
built structure as a dwelling unit.
Page 2 -Board of Adjustment minutes of January 5,1981
10.Chairman
11.Mr.Ehler
12.Chairman
asked the applicant to step forward and
remain at the podium so that the members
may ask him any questions.
stated his name and address and said that
he bought the property to use as a travel
trailer and used travel trailer sales lot.
Eventually,he stated,he was going to build
a building for light manufacturing of wrought
Iron railings and structures and a leasing
situation.
He said he did not know that at the time he
bought the property that he couldn't use the
travel trailer for an office or couldn't have
a security guard.He further stated that he
has his septic tank and water in.
He explained that only one employee would
live in the trailer and that it was a 40'
double tip -out.
He asked i f the trailer that he had on display
could be hooked up to show that the plumbing
worked.In the future,he stated,a building
would be erected for the manufacturing part.
He explained he was told that if he built a
building,he could put an apartment in it,
and let the people live in i t or put up a
pre-fab.
"I have the trailer,"he stated,"but i t is
against your code to have someone live in it".
asked if after he built the permanent build-
ing,was he still going to retain the trailer
for an office.
13.Mr.Ehler said he would then move the office into the
permanent building.
14.Chairman
15.Mr.Vaughn
16.Mr.Ehler
asked the members i f they had any questions.
questioned Mr.Ehler on his statement of
hooking up more trailers beside the one in
question.
explained that there would be nobody living
in them but i f he had wanted to sell a trailer
he may want to show them that the water system
was in working order.
17.Mr.Vaughn asked how many other trailers he was talking
about.
18.Mr.Ehler
19.Mr.Nunn
20.Mr.Ehler
21.Mr.Furness
said that it depended.There are so many
people going for these longer trailers,the
40'tip -outs,that there are a lot of smaller
travel trailers that can be bought.That is
what I was going to go into.I Would probably
have a display,but i t is only the one trailer
that I want for a security guard.
stated that they should only be concerned
with the one that is going to be used for the
security guard?
replied "Thats right".The others would be
trailers I would buy and have for sale.
asked if the sanitary facilities were already
in.
Page 3 -Board of Adjustment Minutes of January 5,1981
22.Mr.Ehler replied:"Yes''.
23:Mr.Vaughn]questioned whether there was _a kitchen in
the travel trailer he has now and a complete
bath.
24.Mr.Ehler replied:"Yes.There is a full bedroom.
The front room will be the office and the
back will be the bedroom for the security
guard".
25:Mr.Morrison asked i f the trailer he was going to have
there was also going to be used as a demonstrator.
26,Mr.Ehler
27.Mr.Morrison
28.Mr.Ehler
29.Mr.Vaughn
30.Mr.Newcomer
31.Chairman
32.Mr.Newcomer
33.Mr.Ehler
34.Mr.Furness
35.Mr.Newcomer
36.Chairman
37.Furness/Nunn
answered:"If I could leave i t there,i t
would stay.We have a 17'X 38'awning for
it,and I would keep i t as an office and see
how,soon I could build that building".
stated that he could show that trailer i f
someone was interested.
answered that i f someone was interested,he
would sell i t for the right price.
asked Mr.Newcomer if Mr.Ehler sold the trailer
that he now had and replaced it with another,
if he would have to keep coming back to the
Board evertyime he sold one of them.
answered that i f he sold that live-in trailer,
he would have to.come back before the Board
to replace that trailer but as far as other
travel trailer sales on the lot were concerned,
CB -2 does allow for that.
stated that it would fall on the Board of
Health as to how many trailers he might hook
up to a single septic tank.
said the one's for display couldn't be hooked
up to sanitary facilities.
stated that i f someone was really interested,
he could move i t and hook i t up and demonstrate
it.
asked if Mr.Ehler had to come back every nine
months and i f this was going to be a temporary
permit.
said it was the only provision in the Zoning
Ordinance.I f the Board wanted him to set
it up on a nine month basis,that would be
their decision.
called for additional comments,
MIS "Be IT RESOLVED by the Board of Adjustment
the City of Apache Junction,Arizona,
Hereby granting a temporary and revocable
permit for a period not to exceed nine (9)
months,to Mr.and Mrs.Lawrence E.Ehler,
to use a travel trailer, as a dwelling for a
security guard on their property located at
Lots 326 and 327,Superstition Villa Subdivision,
in Apache Junction,Arizona.
Page 4 -Board of Adjustment Minutes of January 5,1981
38.Mr.Newcomer
39.Mr.Vaughn
40.Mr.Furness
41.Mr.Newcomer
42.Mr.Furness
43.Mr.Vaughn
44.Chairman
45.Mr.Vaughn
46.Mr.Newcomer
47.Mr.Nunn
48.Mr.Furness
49.Chairman
50.Mr.Furness
51.Furness/Nunn
The granting of this permit is subject to the
following conditions:
1.Setbacks shown on the drawing submitted
with the application shall be the
minimum setbacks for the temporary dwelling.
2.All other applicable provisions of the City
Zoning Ordinance shall be complied with.
3.All applicable provisions of the City
Building Code shall be complied with.
4.All applicable regulations of other
agencies having jurisdiction shall be
complied with."
stated that in the motion there was no provision
for a procedure for renewing the permit.
said that what is usually done i f there are no
complaints is that the Board automatically goes
ahead with the permit.The City notifies you
of the renewal date.
asked:"How long is temporary?"
answered:"Up to the nine (9)months."
asked why would we have to extend the permit
even before he had the first one.
asked:"What would the procedure in nine (9)
months be?"
stated that they had said "all applicable
provisions in the City Zoning Ordinance shall
be complied with".
He added that one of the paragraphs of concern
in the Zoning Ordinance did specifically specify
a maximum of nine (9)months.
stated that he thought the question was as to
how he was to apply again.
He added "It's not an automatic thing.In nine
(9)months his permit will run out unless we
specify that he can renew the permit again."
replied that it would otherwise require a whole
new variance application,heartng notification
and so forth,which is one way i t could be handled.
suggested they leave i t as i t is,and see how i t
goes for the first nine (9)months and have him
re -apply again in nine (9)months at which time
they would reconsider i t again.
addressed the Chairman and said that the motion
read "this permit shall be issued for a period of
not more than nine (9)months",and mentioning
December 2,1980.
said "No,this is January 5th",
answered,"well,whatever the applicable dote
would be,"
motion was amended to include:
Page 5 -Board of Adjustment Meeting of January 5,1981
"At the end of this period,the applicant
must appear before the Board to request a
granting of a new permit i f the applicant
desires to continue using the second mobile
home as a dwelling."
52.Chairman stated that it was not a second mobile home.
He then asked i f that had answered the question.
53.Mr.Vaughn said that i t still did not tell him how this
gentlemen has to come back in nine (9)months
and apply for a permit.
He added:I don't think i t is fair to have
him go through the whole procedure aoain.He
has already gotten the signatures and everything."
54.Mr.Furness said i t doesn't say he has to come in and ask
for a whole new variance.
55.Mr.Vaughn
56.Mr.Furness
57.Mr.Newcomer
58.Furness/Nunn
59.Chairman
60.Mr.Newcomer
answered:"he does,unless we specify otherwise."
stated that what they were doing was reading
the motion.
said he would just have to appear before the
Board and put i t on the apenda and discuss it.
By doing that,it would prevent him from havinp
to go through the complicated variance procedure.
MIS "BE IT RESOLVED by the Board of adjustment
B r—the City of Apache Junction,Arizona:
Hereby granting a temporary and revocable permit
for a period not to exceed nine (9)months,to
Mr.and Mrs.Lawrence E.Ehler to use a travel
trailer as a dwelling for a security guard on
their property located at Lots 326 and 327,
Superstition Villa Subdivision,in Apach Junction,
Arizona.
At the end of this period,the applicant must
appear before the Board to reouest a granting
of a new permit i f the applicant desire to
continue using the mobile home as a dwelling.
The granting of this permit is subject to the
following conditions:
1.Setbacks shown on the drawing submitted
with the application shall be the minimum
setbacks for a temporary dwelling.
2.All other applicable provisions of the
City Zoning Ordinance shall be complied
with.
3.All applicable provisions of the City
Building Code shall be complied with.
4.All applicable regulations of other
aoencies having jurisdiction shall be
complied with."
The motion passed 5-0.
announced that the next item would be the public
hearing on the continuation of BA -18-80 (Wynn).
asked the Executive Secretary i f the legal
opinion concerning this case was forwarded to
the applicant.
replied:"No,the opinion was not forwarded
to the applicant.I had discussed it with him
and gave them a letter concerning the matter."
Page 6 -5Oard of Adjustment Meeting of January 5,1981
61.Chairman
62.Mr.Wynn
63.Chairman
64.Mr.Newcomer
65.Chairman
66.Mr.Wynn
67.Chairman
68.Mr.Wynn
asked the applicant to step forward.
stated his name and address.
asked the Executive Secretary to explain what
had gone on before and what is going on now.
stated that at the time of the last hearing
there was the question brought up concerning
legal ownership of the property,and the
propriety of the Board hearing a case which
was brought before the Board by the applicant
who apparently was not the property owner.
He added:"shortly after the last hearing,
I contacted the City attorney and got a written
opinion from the attorney concerning this,and
I will now summarize the opinion.
Basically,I asked the City attorney what were
the proper procedures that the Board of Adjustment
should follow when i t shows on the Pinal County
records a different property owner than the
applicant for the variance.
The answer,in summarizing this opinion,was
taken from Section 2501 of the City Zoning
Ordinance which provides that "application for
any •permissable variance of regulations provided
herein shall be made by the owner or his
representative to the Board of Adjustment in
the form of a written application for a permit."
"The City attorney suggests that Mr.and Mrs.
Wynn be given the opportunity to document any
kind of ownership that they have in the piece
of property in question and i f i t is determined
the Wynn's are not the owners or agents of the
owners,the Board should,on the basis of
Section 2501,refuse to hear the case for lack
of jurisdiction."
He added that he did check with the Pinal
County Recorder's office and there is a
Universal Equity's Corporation shown as the
buyer from a David C. Widsten
asked Mr.Wynn i f he understood the problem
in this case.
answered:"Yes sir".
asked Mr.Wynn if he could give any other
further explanation.
He also asked Mr.Wynn i f he had any document-
ation of ownership.
replied :)"This thing fs going to be proven
out in about two to four weeks as to %WV I
owns that property,"
He said there was a lot Of hassle inYolYed
in the case."David HOdsten's case is like
a sieve.-It wouldn't hold water,but there
are legal ways of getting i t carried out.He
hoped to have this done within the next three
days."
Page 7 -Board of Adjustment Meeting of January 5,1981
72.Mr.Vaughn
73.Mr.Newcomer
74.Mr.Furness
75.Mr.Newcomer
76.Mr.Nunn
77.Mr.Newcomer
78.Chairman
Mr.Wynn Said that Mr.Hvidsten came about
getting the property back in his name under
false pretenses.He was dealing with a person
who was neither a president or on the Board of
the Corporation.
He explained that Mr.Hvidsten was a one -sixth
owner at that time.
"The case was brought to court and we won the
first round of it,but i t is still not completely
settled yet."
He added that Mr.Hvidsten was a man of enough
means to hire a lawyer to come and sit at one-
of these meetings and pay him.Mr.Wynn said
he could not afford to do that.
69.Chairman openecLthe meeting to any questions fromth&Board.;
He also asked i f there was anyone else in the
room who wished -to speak.
70.;Mr.Vaughn asked i f itmas_correct that the City attorney
said that the Board should aive Mr.and Mrs.
Wynn a chance to prove ownership.
71.Mr.Newcomer answered:"By this hearing,otherwise we will
be running into troubles with the public hearing
laws,which would require another continuation.
That would mean we would have to go back and
notify all the property owners again."
asked what would happen i f the Board postponed
i t one more time.
said it would have to be -treated as .a new
application and notices would have to be posted
again.All certified letters would have to go
out to thepropertyowners again.
asked Mr.Newcomer if they had any choice one
way or the other concerning this case.
He said:if ownership has not been proven to our
satisfaction,one way or the other and until the
court settles on it,could we act on it?
asnwered "No":
asked Mr.Newcomer i f this matter could be set
up to a vote so that i f he does prove ownership,
i t could come back to the Board without Mr.Wynn
having to pay any more fees again.
explained that:the-problem would;be that the City
would -have:to incur an expense of over $100.00
to re -post the -hearing which was the purpose of
the application fee to begin with.
stated that i f the Board had known full,in the
beginning,the question of ownership,the Board
would have automatically refused to hear the case.
He asked Mr.Newcomer if Mr.Wynn could withdraw
his original application until the matter of
ownership was settled.
page 8 -Board of Adjustment Meeting of January 5,1981
79 -,Mr.Newcomer
80.Mr.Furness
81.Chairman
82.Mr.Furness
83:Mr,Morrison
84,Mr,Newcomer
85,Mr.Vaughn
answered that another problem they would
run into would be that i f this were to take
six (6)to eight (8)months,there is still
the mobile home placed illegally on the
property as long as the Board holds something
in suspense and continuance.There can be
nothing done even i f i t took two (2)to three
(3)years.The Board never made any action to
do something with the case.
pointed out that regardless of,whatydecisions
the Bbard wanted to make on this case,they
have no right to make any decisions or even
tO hear the case.
replied:"That is why I brought up that
question.Mr.Newcomer explained i t to me
very well."
"We have a situation where the Building Dept.
has put a cease and desist order on it.
However,that is beingLheld up until we reach
a decision.
He explained that the Board had several options.
They could try to hold this in abeyance until
the one question was resolved.I f they refused
the application,then they would be subjecting
the applicant to the whole reprocess.
stated that it may be true,but they are
supposed to know who owns the property before
they come:in here.
He said the Board should have been given direct
information.
said that they would have to.wait on what the '
court said and they could hardly ask the Wynn's'
to pay again i f the Board couldn't do anything
about it.
said that the advise of the attorney was not
to wait to decide what the court does,but was
just to give the Wynn's a chance to show i f they
have .a document at this time to show they are
the property owners.
stated that they could sit and haggle this
case all night long but his opinion was that
if in thirty days Mr.Wynn wins this case,
he did not think the Wynn's have to pay $65.00
and go through this whole thing again.
86.Mr.Newcomer asked i f he may interject again that the legal
problems involved in this case is that the
Board cannot do anything with this application
one way or the other.I t is not legally entitled
to act upon an application which is tncomplete
or inacurrate,By holdtng it up,it would he
acting as i f it was a proper application,which
i t isn't.
81.-Mr.Vaughn asked:'If Mr,Wynn were to prove ownershtp
toniohtwe could have heard the case.Is th.at
correct?"
Page 9 -Board of Adjustment Minutes of January 5,1981
88.Mr.Newcomer
89.Mr.Vaughn
90.Furness/Nunn
91.Chairman
92.Mr.Vaughn
93.Mr.Newcomer
94.Chairman
95.Mr.Vaughn
96.Vaughn/Furness
97.Chairman
98.Furness/Vaughn
replied:"Yes:then the Board could have acted
on it.There would have been an application
in -hand to proceed on.As i t is,there is no
application in -hand that the Board can act on."
asked i f they could hold the application since
they held i t from October 17,1980.
MIS "BE IT RESOLVED by the Board of Adjustment
Brthe City of Apache Junction,Arizona:
Hereby refusing to hear the case of BA -18-80,
an application for a temporary use permit sub-
mitted by Mr.Jimmy E.Wynn and Mrs.Glenda M.
Wynn for Lots 21,22,and 23 Parkway Plaza,
according to Book 13 of Maps,Page 15,records
of Pinal County,Arizona,located in Apache
Junction,Arizona.
The Board bases its decision on the provisions
of Section 2501 of the City Zoning Ordinance
which state that,"Application for any permissible
variance of regulations,as provided herein,
shall be made by the owner or his representative
to the Board of Adjustment,in the form of a
written application for a permit."
The motion passed 5-0.
asked i f there was any other business besides
the "Minutes".
said that while he was in the office,he
mentioned to Jackie that there were quite a
few changes.
He added that i t had to do with clarification.
He did not abstain from voting.He voted
present and added that you cannot abstain on
the Board of Adjustment.
stated that line number 112 should be amended
to read that Mr.Vaughn voted "present."
said he did not know where the 3-1-1 vote came
from because he did not vote against that.
replied that it was Mr.Furness who voted "no"
on that and not Mr.Nesser.
"BE IT RESOLVED by the Board of Adjustment,
City of Apache Junction,Arizona,
that the "Minutes"of December 1,1980,be
accepted as amended.
Motion passed 4-0'With Mr.Nunn voting "present".
asked for a motion to adjourn the meeting.
M/S to adjourn the meeting.
The motion passed 5-0.
Page 10 -Board of Adjustment Minutes of January 5,1981
99.Chairman Adjourned the meeting at 7:45 P.M.
Respectfully submitted,
Fi",y61161,1comb---
.Ar • • •unaries Newcomer
Acting Executive Secretary
Approved:
Don Nesser,