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HomeMy WebLinkAbout1981-08-03 BOA MINUTESMINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION,ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA AUGUST 3,1981 7:00 P.M. In Attendance Joe Jessamine,Chairman William Vaughn,Vice Chairman Bill Furness Harvey Morrison Dale Burfiend Mary Luddy Chuck Newcomer,Acting Executive Secretary Becky Nendza,Secretary Synopsis: Absent Guest Sandra Oberg (vacation) 1.Election of officers 2.Approval of "Minutes"dated June 1,1981 3.Approval of "Minutes"dated July 6,1981 4.Temporary permit renewal:BA -19-80 5.Temporary permit renewal:BA -20-80 6.Special use permit renewal:Pinal County SUP -59-77 7.Other business -packet material Lillian Castro Jerry Castro Ellen Price Allen Price Elmer Benson George Luddy Jimmy S.Eidson 1.Executive Secretary called the meeting to order at 7:00 P.M.and explained that election of officers would be the first item of business following roll. He also welcomed Councilman Eidson who will be serving as liaison between the Board and City Council. 2.Ms:.Nendza called roll and determinedsix ,(6)members were present as indicated:above-. 3.Executive Secretary 4.Furness/Burfiend 5.Chairman 6.Furness/Luddy 7.Chairman opened nominations for the office of Chairman. Nominated/Seconded Joe Jessamine. Mr.Jessamine was elected unanimously. opened nominations for the office of Vice Chairman. Nominated/Seconded William Vaughn. Mr.Vaughn was elected 5-0-1 with Mr.Vaughn ! voting "present". called for a motion to accept the Minutes of the June 1,1981,Board meeting. 8.Vaughn/Morrison M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the "Minutes"of the meeting of June 1,1981,be approved as written." The motion passed 4-0-2-with Mr.Furness and Mr. Jessamine voting "present"due to their absence at the June 1 meeting. 9.Chairman called for a motion to accept the Minutes of July 6,1981,meeting. Page 2-Board of Adjustment Minutes of August 3,1981 10.Vaughn/Luddy M/S "BE IT RESOLVED by the Board of Anistment of the City of Apache Junction, Arizona,that the "Minutes"of the meeting of July 6,1981,be approved as written." 11.Chairman asked staff to brief the Board on case BA -19-80. 12.Mr.Newcomer 13.Chairman 14.Furness/Burfiend presented the case background and summarized that having spoken with the applicant,having received a recommendation from the Zoning Administrator and no complaints against the use of the property having been filed,renewal of the temporary permit is recommended: called for a motion M/S "BE IT RESOLVED by the Board of Adjustment Tf —the City of Apache Junction,: Arizona, hereby granting :a renewal of the temporary and revocable permit to place a second mobile home-dwelling unit on the applicant's property, legally described as NE SW 4,NW 4, ,SW excluding the North 132!thereff Of Settion 17,Township 1 North,Range 8 'East,Gila and Salt River Base and Meridian. This permit shall be issued for a period of nine (9)months commencing September 14 1981. Before the end of this nine (9)month period,, the applicant must again appear before the: Board to request issuance of a new permit. Furthermore,provided that all conditions of the original permit are complied with. The Board bases its decision on the following findings: 1.The applicant has demonstrated sufficient need to warrant permit renewal. 2.All applicable conditions stipulated with the issuance of the permit have been compled with by theapplicant." The motion passed 5-1,with Mr.Morrison sub- mitting the "No"vote. 15.Chairman asked staff to brief the Board on the next case (BA -20-80). 16.Mr.Newcomer 17.Mr.Vaughn 18.Mr.Benson 19.Mr.Morrison explained that a second mobile home on this property was permitted to house persons to care for the applicant who has a serious medical condition.Having spoken with the applicant to determine continued need and having received a recommendation from the Zoning Administrator,renewal of the permit is requested No complaints have been received on any of the three renewal applications presented to the Board tonight. asked how many people live in the second dwelling. replied that three people live there. stated that there appears to be a problem between the City and County Health Dept. concerning septic tank regulations.He felt clarification would be in order before voting. Page 3 -Board of Adjustment meeting of August 3,1981 20.Chairman called upon Mr.Vaughn for technical comment. 21.Mr.Vaughn 22.Mr.Furness 23.Mr.Vaughn 24.Chairman 25.Furness/Burfiend 26.Mr.Newcomer 27.Chairman indicated that he believes if only one person or family members live in the second dwelling, it may be connected to the existing septic tank as long as it did not cross a wash.Mr. Vaughn suggested Pinal County Health Department submit requirements in writing. expressed the opinion that this was not a concern for the Board;septic tank regulations was under the jurisdiction of the county health department. pointed out that one of the original stipulations when issuing the temporary permit was compliance to all regulatory agencies requirements;that would include county. called for a motion. M/S "BE IT RESOLVED by the Board of Adjustment Tf —the City of Apache Junction,Arizona,hereby granting a renewal of the temporary and re- vocable permit to place a second mobile home dwelling unit on the applicant's property legally described as:West 1/2,East 1/2,South- east 14 of Section 18,Township 1 North,Range 8 East of the Gila and Salt River Base and Meridian. This permit shall be issued for a period of nine (9)months commencing September 1,1981. Before the end of the nine (9)month period, the applicant must again appear before the Board and request issuance of a new permit. Furthermore,provided that all conditions of the original permit are complied with. The Board bases its decision on the following findings: 1.The applicant has demonstrated sufficient need to warrant permit renewal. 2.All applicable conditions stipulated with the issuance of the original permit have been complied with by the applicant." The motion resulted in a tie vote (3-3). suggested the agenda item be tabled until the next regular meeting.At that time the data obtained from the county health -departmerit concerning the issue could be presented. tabled the issue until the next meeting,as per the adopted rules and procedures of the Board,after a lengthy discussion by the Board'nembers.He instructed the Executive Secretary to delve into the issue and contact Pinal County Health Department for written clarification.He explained to the applicant that the temporary permit will continue in effect until the renewal application is con- sidered at the next regular Board meeting. Staff was then asked to brief the Board on case (BA -23-80). Page 4 -Board of Adjustment Minutes of August 3, 19.81 28.Mr.Newcomer explained that in 1977 the county granted the applicant,Mr.Howard Boso,a Special Use Permit with a one-year renewal clause. The city in July 1980,granted a 12 -month extension with renewal options i f the require- ments of the original permit were met,.. Having inspected the property,having received memorandum from the Zoning Administrator indicating there have been no complaints filed against the use of this repair garage and the applicant has constructed a fence around the work area as stipulated in the original permit granted by the city,i t is recommended that the renewal be granted. 29.Chairman invited comment from the Board. 30.Mr.Morrison stated a chain -link fencer is not an acceptable enclosure. 31.Chairman called upon the applicant to respond. 32.Mr.Howard Boso 33.Mr.Morrison 34.Mr.Boso 35.Ms.Luddy 36.Mr.Boso 37.Chairman 38.Mrs.Lillian Castro stated he enclosed a larger area than reguired with a galvanized steel fence,not a chain- link. said he believed the neighbors could look directly over the fence. replied that the neighbors could not look directly over the fence enclosing the garage area.The fence is six feet high and meets the stipulations of the temporary permit to be renewed.Only his personal cars can be seen outside of the garage area. asked how many personal cars were visibly parked. said seven (7)vehicles,all licensed and titled,were visible. invited comment from the public introduced herself as a neighbor of Mr.Boso and supported Mr.Boso's statement that the stipulations of the Board had been complied with and that the fence was not a chain -link. She stated she had no objection to the histor- ical cars parked in front of his home and expressed the opinion that no other neighbors seemed to object. 39.Chairman called for a motion. 40.Furness/Morrison M/S "BE IT RESOLVED by the Board of Adjustment Tirthe City of Apache Junction,Arizona,hereby granting a renewable twelve-month extension to Pinal County SUP -59-77 a Special Use Permit issued by the Pinal County Planning and Zoning Commission to Mr.Howard Boso of 1536 West Roundup Street,Apache Junction,Arizona, to operate an auto repair garage on the premises provided that all conditions imposed by the Board of Adjustment on July 7,1980,are complied with. The Board bases its decision on the following findings: 1.The applicant has demonstrated need for extension of the permit. 2.All conditions imposed upon the applicant Page 5 -Board of Adjustment Minutes of August 3,1981 by the Board have been complied with. 3.No written complaints have been filed against the applicant's auto repair garage in the preceeding twelve months." The motion passed 5-1,with Mr.Vaughn submitting the "No"vote. 41.Chairman called for any new business. 42.Mr.Newcomer itemized packet materials under this topic and confirmed that members of the Board had summarized copies of the water and sewage studies. 43.Chairman called for a motion to adjourn. 44.Vaughn/Furness 45.Chairman Respectfully submitted, C*41"ar /lt'i-47/Abild(es New mer Acting Executive Secretary APPROVED: M/S to adjourn the meeting of the Board of Adjustment of the City of Apache Junction, Arizona. adjourned the meeting at 7:53 p.m.,there being no objection.