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Kempton)had since withdrawn their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.