HomeMy WebLinkAbout1981-02-02 BOA MINUTESBOARD OF ADJUSTMENT
CITY OF APACHE JUNCTION,ARIZONA
1001 NORTH IDAHO ROAD
APACHE JUNCTION,ARIZONA
FEBRUARY 2,1981
7:00 P.M.
In Attendance
Joe Jessamine,Chairman
Don Nesser,Vice Chairman
Bill Vaughn
Harvey Morrison
Bill Furness
Absent
Pete Nunn (illness)
Guests
Melvin Martin
John Bosell
Mrs.Bosell
Dale Burfiend
1.Chairman opened the meeting at 7:02 P.M.and requested
that the Executive Secretary call the roll.
2.Mr.Newcomer called the roll and determined the members present
as indicated above.
3.Chairman announced that a quorum was presentand that the
firstAtem of business was consideration:of the
"Minutes"from the meeting of January 5,1981.
4.Vaughn/Furness M/S "BE IT RESOLVED by the Board of Adjustment .
UT—the City of Apache Junction,Arizona,that
the "Minutes"from the meeting of January 5,1981
be approved as written."
The motion passed 4-0 with Mr.Jessamine abstaining-
since he had not attended the meeting in question.
5.Chairman announced that the next item on the agenda was
a public hearing on case BA -1-81,application
submitted by a Mr.Martin for a Mr.Erlandson.
He asked the Executive Secretary to brief the
Board members on the case.
6.Mr.Newcomer located the property in question on the map for
the Board members and explained that Mr.Erlandson
wanted to split his lot in half,making each half
55'wide by 130'deep.He pointed out that the
requirements for Trailer Homesite lots were that
they must be a minimum of 8,000 square feet and
have a mimimum width of 60'.The lot split
would be less than the minimum in both square
feet and width.
7.Chairman called on the applicant to present his case.
8.Mr.Martin explained that he was representing Mr.Erlandson.
He added that the property owner was interested
in having the lot split because the area was a
large percentage inhabited by retirees and the
smaller lots would be more suitable for sale to
such people.He further explained that the lot
size would still be suitable for double and triple
wide mobile homes with all the necessary septic
hook-ups as required by the City.
9.Mr.Nesser
10.Mr.Martin
Asked i f the drawings for the property showed a
right-of-way.
explained that there were -no right-of-ways on
Warner Drive that were dedicated to the City,
but that they were going to do so.
Page 2 -Board of Adjustment Minutes of February 2,1981
11.Mr.Newcomer
12.Chairman
13.Mr.Martin
14.Chairman
15.Mrs.Bosell
16.Chairman
17.Mr.Newcomer
18.Chairman
19.Mr.Martin
20.Mr.Furness
21.Mr.Martin
22.Chairman
23.Mr.Newcomer
24.Chairman
25.Mr.Furness
26.Chairman
explained that the deed to the property excluded
30'for roadways and the right-of-way,but that
nothing had been dedicated to the City yet.
explained to Mr.Martin that -the minimum square
foot requirement for the TH zone was 8,000 sq.ft.
and that he was requesting ai-reduction by 900 sq.ft.
replied that that was the reason for requesting:the-
variance.
asked if any one wished to speak either for or
against the variance.
told the Board that she was in favor of the lot split
because she saw no reason not to do i t since there
would: still be -enougb room for the septics'and -other
City requirements.
called for the staff recommendation.
called the Board members'attention to the memo from
the Zoning Administrator in their packets and read
the memo aloud.
added that other lot splits had occurred under the
County,but that the County had not carried out the
proper inspections.
pointed out that some lot splits before the City
took over had caused problems by making some lots
inaccessable.He added that in this case the road
would be dedicated to the City,making i t better
for both the property owners and the City.
pointed out that he considered the request to be a
case of "spot zoning"which the City and the Board
was not allowed to grant.He added that the Board
could not allow this kind of lot split to occur in
one place and yet deny i t in another.
He added that he did not see any way in which the
case could be handled since the Board was not per-
mitted to grant the lot split in the first place.
explained that be considered the -request to be ,a
variance to the present zoning.
pointed out that the Board of Adjustment was permitted
to grant variances to setbacks and such.It was not
in the jurisdiction of the Board to reduce the size
of a lot.He recommended that Mr.Martin investigate
having the Planning and Zoning Commission make an
amendment to the lot size requirements.
pointed out that a rezoning would not permit a lot
split unless it was in accordance with the regula-
tions of the particular zoning district.He added
that there weren't any zones that allowed less than
8,000 sq.ft.for mobile homes.
called for other comments.There being none,he
closed the public hearing.
requested that they take a short recess to discuss
the case.
announced a five-minute recess.
Page 3 -Board of Adjustment Minutes of February 2,1981
27.Mr.Newcomer
28.Chairman
29.Nesser/Furness
30.Mr.Martin
31.Mr.Newcomer
32.Mr.Martin
33.Mr.Vaughn
34.Mr.Newcomer
pointed out that one of the alternatives would
be for Mr.Martin to go before the Planning and
Zoning Commission and petition for a change in the
wording of the Zoning Ordinance.
explained that Mr.Martin could petition for a
change in the minimum lot size for a mobile home
to be 7,000 sq.ft.
He then called for a motion on the case.
M/S "BE IT RESOLVED by the Board of Adjustment of
WE City of Apache Junction,Arizona:
In the case of BA -1-81,an application for a variance
to the provisions of Sections 2308,2003,2004,and
2005 of the City Zoning Ordinance submitted by Melvin
Martin in behalf of Gordon Erlandson for the property
legally described as:
The South 159.07 feet of the West 1/2 of the West
1/2 of the Southeast 1/4 of the Northwest 1/4 of
Section 30,Township 1 North,Range 8 East of the
Gila and Salt River Base and Meridian,except the
South 30 feet and the West 25 feet for roads;except
the East 110 feet,and except the West 110 feet of
the South 159.07 feet of the West 1/2 of the West
1/2 of the Southeast 1/4 of the Northwest 1/4 of
Section 30,Township 1 North,Range 8 East,of the
Gila and Salt River Base and Meridian,located in
Apache Junction,Pinal County,Arizona.
Hereby declining to hear and make a determination
on this case.
The Board bases its decision on the following find-
ings of fact:
1.Section 2501 of the City Zoning Ordinance states
that an application for any "permissible"variance
of regulations may be made.
2.The applicant is requesting to split a parcel in
a manner specifically prohibited by Section 2308
of the City Zoning Ordinance.
3.The application,as submitted,requests a variance
which is not within the Board's power to grant."
The motion passed 4-1 with Mr.Vaughn voting "no".
requested copies of the sections of the Zoning
Ordinance which applied to his case.
informed Mr.Martin that this information was avail-
able in the Planning Department Office.
asked i f that information could be mailed to him as
well as a copy of the Zoning Administrator's memo.
explained that he had voted "no"not because he
agreed with the lot split,but thought that it was
within the Board's power to make a decision.He
had objected to the motion itself.
explained that the Board needed to consider a change
in its procedures in order to bring them into com-
pliance with the Arizona Revised Statutes.He pointed
out that proposed Ordinance No.86 would extend the
advertising date for the Board hearings and bring i t
up to the required 15 days prior to the hearing.
Page 4 -Board of Adjustment Minutes of February 2,1981
He added that this would then go the the Planning
and Zoning Commission for a recommendation to the
City Council.
35.Mr.Vaughn asked i f it was necessary to have a time period of
56 days outlined in the Ordinance.
36.Mr.Newcomer explained that the 56 days may not be necessary but
that a reasonable amount of time should be allowed.
37.Mr.Nesser
38.Mr.Vaughn
39.Chairman
agreed that sufficient time should be allowed for
the processing of the application.
suggested that the wording be changed from 56 days
to read "a reasonable amount of time".
agreed with Mr.Vaughn.
40.Mr.Newcomer stated that he would revise the wording in the
Ordinance.
41.Chairman
42.Vaughn/Jessamine
43.Chairman
Respectfully submitted,
asked i f there was any other business.
M/S to adjourn the meeting.
there being no objection,he adjourned the
meeting at 7:50 P.M.
74(i
Charles R.Newcomer
Acting Executive Secretary
Approved:
§samine,Chairman