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HomeMy WebLinkAbout1981-05-04 BOA MINUTESMINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION,ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA MAY 4,1981 7:00 P.M. In Attendance Absent Pete Nunn Bill Furness Joe Jessamine Bill Vaughn Dale Burfiend Mary Luddy Chuck Newcomer,Acting Executive Secretary Jackie LeCount,Secretary 1.Chairman Harvey Morrison (out of town) Opened the meeting at 7:00 P.M.and requested the Executive Secretary to call the roll. 2.Mr.Newcomer called the roll and determined six (6) members present as indicated above. 3.Chairman 4.Nunn/Furness 5.Vaughn/Nunn 6.Chairman announced that a quorum was present at the meeting.He noted there were two sets of "Minutes"before the Commission dated March 2,1981 and April 6,1981. He requested a motion as to the "Minutes". M/S "BE IT RESOLVED by the Board of AUTustment of the City of Apache Junction, Arizona,that the "Minutes"of the , meeting of March 2,1981,be accepted as written. The motion passed 3-0-3 with Mr.Vaughn, Mrs.Luddy and Mr.Burfiend abstaining since they had not attended the meeting in question". M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona,that the "Minutes"of the meeting of April 6,1981,be accepted as written. The motion passed 3-0-3 with Mr.Jessamine Mrs.Luddy and Mr.Burfiend abstaining since they had not attended the meeting in question". called for a two minute silence in memory of Mr.Don Nesser who had served as Vice Chairman to the Board of Adjustment. announced the next order of business would be to elect a Vice -Chairman to the Board of Adjustment. Page 2 -Board of AdjustmentL Minutes of May 4,1981 7.Mr.Newcomer 8.Nunn/Furness explained that the term of office would only be until June 30,1981 for the Vice -Chairman elected. He further stated that a new election would take place at the first meeting in July. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona,that Bill Vaughn be elected as Vice -Chairman to serve until June 30, 1981." The motion passed 4-0-1-with Mr.Vaughn voting "present". 9.Chairman announced that the next item was BA -3-81. He stated that they had already had a hearing on the case and that (Watson- Kempton)had since withdrawn their application. He read a letter of withdrawal and requested that it be entered into the official "Minutes". He then asked for an accepted motion to accept the withdrawal. 10.Furness/Nunn 11.Chairman "BE IT RESOLVED by the Board of Adjustment Of the City of Apache Junction,Arizona, in the case of BA -3-81 (Watson,Kempton): Hereby withdrawing the application from consideration at the request of the applicant". The motion carried 6-0. announced the next item was case BA -3-80 (Cornell). He stated that Mr.Cornell had a case before the Board in March 1981,BA -3-80. At that time the Board had granted Mr. Cornell a variance to place a second mobile home on the lot. The "anniversary date"for filing a renewal has passed and the applicant has stated he is no longer in need of or desirous of keeping the second mobile home on his lot. The applicable regulations,Section 2508 of the City Zoning Ordinance states, "where any condition under which a variance hasibeen-granted ,is violated,the variance shall cease to exist and the permit shall become null and void." He then asked for a motion on item BA -3-80. Page 3 -Board of Adjustment Minutes of May 4,1981 12.Mr.Newcomer 13.i -Furness/VauOn 14.Chairman 15.Mr.Newcomer stated that he had a copy of the "Minutes"from that hearing that were not attached to the Board's packet and if anyone wished to review that case, they may do so. M/S "BE IT RESOLVED by the Board of Adjustment of -th---6 City of Apache Junction,Arizona,hereby revoking the variance granted to Mr.Richard Cornell for the placement of a second mobile home on the appli- cant's property described as: The West 1/2 of the Southeast 1/4 of the North- east 1/4 of the Southwest 1/4 of the Southwest 1/4,Section 17,Township 1 North,Range 8 East, Gila and Salt River Base and Meridian,also known as 1278 W.Greasewood Street,Apache Junction,Arizona. The Board bases its decision on the following facts: 1.The Resolution adopted by the Board on March 17, 1980,concerning the subject property set forth the following conditions: 1.The variance shall only be valid for a period of time while the certified medical condition exists;or the property is under the ownership of Mr.Richard Cornell, whichever is the lesser. 2.That the applicant meet all Zoning Ordinance requirements except the one unit per lot,and all building code requirements. 3.The Board requires that there shall be filed,on or before the anniversary each year of this action,a statement certified by a medical doctor of the continuing medical hardship;Each annual filing shall not be subject to a filing fee. 2.The Board has deterMined the conditions -for the annual renewal of the variance have not been executed by the applicant and furthermore,that the applicant has made his intentions clear that he is no longer desirous of having the second mobile home on the subject property. 3.Section 2508 of the City Zoning Ordinance states, "where any condition under which a variance has been granted is violated,the variance shall' cease to exist and the permit shall become null and void". The motion passed 6-0. asked i f there was any other business •for the Board to consider, reminded them that there was a note in their packet to let them know that the Federal Registar is available in the Planning Dept. He explained that i t comes out three to four times a week and contains a -listing of all the Govern- ment regulations, Page 4 -Board of Adjustment Minutes of May 4,1981 16.Chairman 17.Mr.Newcomer 18.Chairman Respectfully submitted, unarLes Newcome Acting Executive Secretary Approved: Gel) Joe Jes-siiine,Chat -lima n He also reminded the Board members that in their packets were attached pages 77 and 92 of the Zoning Ordinance which has-been amended. He pointed out that he had gone through the rules of the Board and had changed them on the first page to reflect seven (7)members and changed page two (2)to state that staff recommendations be supplied by the Zoning Administrator according to Ordinance No.12.Also a change was made on page three (3)regarding the quorum which was raised to four (4)people. asked the Executive Secretary to please explain to the Board members the purpose of the new notebook they were given. explained that all the material that the Board members want to keep should be removed from their book.I f they did not wish to keep anything,he informed them that they should just leave their books on the table after the meeting and they will be collected and all the material inside would be destroyed and a new packet would be inserted for theE next Board of Adjustment meeting. He stated that he had one more announcement and that was that at Wednesday night's Council meet- ing,the Mayor will be presenting to ,,Mrs.Nesser two certificates of appreciation from the City for the service Don performed not only on the Board of Adjustment,but in other activities as well. stated that he wished to thank everyone for the beautiful flowers sent by the City in memory of his wife. The meeting was adjourned at 7:20 P.M.