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HomeMy WebLinkAbout1981-09-21 BOA MINUTESMINUTES BOARD OF ADJUSTMENT 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA SEPTEMBER 21,1981 7:00 P.M. In Attendance Absent Joe Jessamine,Chairman None Bill Vaughn,Vice Chairman Dale Burfiend Bill Furness Mary Luddy Harvey Morrison Sandra Oberg Leo Frazier,Zoning Administrator Chuck Newcomer,Acting Executive Secretary Becky Nendza,Secretary Synopsis Approval of "Minutes'dated August 3;1981 Continuationof Public Hearing:BA -20-80 (Hoffarth) Pinal ,County Health Department Representatives: Clarification of Septic Tank Regulations Request for Interpretation of Zoning Ordinance: Section 433:Home Occupation Guests George Luddy Nicki Lutis Ann Roll Dorothy McWilliams Ruth Young 1.Chairman:called(the meeting to -order at 7:001p.m. and -asked the Recording Secretary to call roll. 2.Ms.Nendza called the roll and determined all members present. 3.Chairman 4.Furness/Luddy 5.Chairman 6.Furness/Vaughn acknowledged a quorem was present and re- quested a motion for approval of the "Minutes" dated August 3,1981,be approved as written. M/S "BE IT RESOLVED by the Board of Adjustment - of:the:City .of Apache_ Junction,Arizona,that the 'Minutes"dated August :3,1981,be approved as written. The motion passed unanimously. briefed the Board on the request of Mr.Hoffarth to allow the mobile home unit to remain on his property,unoccupied,until i t can be sold.He suggested that provisions include:1)the unit is not to be occupied,2)the unit is to be disconnected from all utilities,and 3)City Inspector "red tag"the unit. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,in the case of renewal of temporary permit BA -20-80,' that the temporary permit granted to the applicant be revoked.Further,the applicant shall be permitted to retain the unit on the premises for a period not to exceed three (3)months,provided the following conditions are met: 1.that the unit is not to be occupied, 2.that the unit is to be disconnected from all utilities. 3.that the City Building Inspector inspect Minutes Board of Adjustment September 21,1981 Page Two the property to ensure that all utilities have been disconnected and the property be properly red- tagged. The Board basis its decision on the following findings of fact: 1.The applicant did not comply with the conditions under which the original permit was issued by the Board.Specifically, that all regulations of agencies having jurisdiction were to be complied with. 2.The applicant does not wish to renew the permit. 3.Allowing the unit to remain on the property, unoccupied,for the time specified will give the applicant sufficient opportunity to dispose of the unit without creating an undue hardship." The motion passed unanimously. 7.Chairman asked staff to brief the Board on the next item of business. 8.Mr.Newcomer 9.Mr.Sexton introduced Mr.Chris Sexton and Ms.Dorothy McWilliams,of the Pinal County Health Department, to clarify septic tank regulations in cases of temporary permits allowing a second unit on a single property. asked that the Board present questions to him on the issues needing clarification.He explained in the case of family members needing assistance in hardship situations the county has no qualms about cooperating in temporary set-ups.(The county accepts the definition of "Trailer Park" as two or more trailers on one piece of ground, owned by one individual and rented or leased by that owner.This does not apply to trailers on the same piece of ground in which family members reside in the separate trailers.)When two trailers hook up to one septic tank designed for a single hook-up,leach field failure will result.The health department will accept family members being assisted on a temporary basis;arbitrarily,such assistance could continue up to eighteen months. 10.Chairman mentioned that the county suggested that a tank be "modified"in one case.What does this entail? 11.Mr.Sexton answered that another tank is added,or a larger system is installed.He referred to "Engineering Bulletin Twelve --Guidelines for Installation of a Septic System"for single family residences. Design information in "Engineering Bulletin Eleven" for mobile home parks,indicates 100 gallons per resident per day which is quite a bit less than a new system for a single family residence.The smallest system (900 gallons)is fora one or two Misnute$ Board of Adjustment September 21,1981 Page Three 12.Mr.Morrison bedroom houses.If you apply that to a mobile home of one or two bedrooms,and you go by the number of residents,per unit,the design flow would be 200 gallons per day for a family of two;i f they were retired people,it would be 75 gallons per day per person (150 gallons). asked,if your residence has a hook-up,is i t permissable to hook up a camper for a couple of weeks for visiting guests? 13.Mr.Sexton answered affirmatively. 14.Chairman asked for a suggestion for handling of future cases involving this matter. 15.Mr.Sexton 16.Mr.Vaughn 17.Mr.Sexton 18.Mr.Vaughn suggested the Board issue the variance,for a nine -month period at which time the situation would be reviewed.I f the need still existed,Pinal County would need to be notified that a renewal extends the variance to the eighteen -month limit. asked what i f the sewer line needed to cross a wash. answered that a new system might need to be installed. suggested that on each variance involving this problem,the health department be notified for individual inspection. 19.Mr.Sexton indicated that this would be agreeable. 20.Mr.Vaughn 21.Mr.Sexton 22.Mr.Newcomer 23.Mr.Frazier 24.Mr.Sexton 25.Mr.Vaughn continued by asking if a limit to the number of family members living in a second unit in these hardship cases would be set. replied that the Board would make that decision. He stated there is no policy in this area.In the past where two families are living on one parcel, septic systems have been designed to accomodate both residences.Affidavits were signed so i f the house were sold or the lot split,another septic system would have to be put in. asked the city building inspector i f the city was allowed by statute to grant approval to plug into a septic system for nine months without the approval actually coming on a permit -by -permit basis through the county health department. said on all permits issued,from the location of a mobile home to the erection of a new house,is a stamp advising the applicant that health department regulations must be complied with.He stated he would check the Plumbing Code concerning the number of people/bedrooms allowed on a specific size tank. In every case in which the Board has granted a variance,the applicant has been told explicitly to contact the county health department to determine whether another tank needed to be added. reiterated the fact that i f three mobile homes with children were set on a single parcel,all should have separate systems. strongly suggested that once a variance is approved, a letter be sent to the county health department for follow-up. Minutes Board of Adjustment September 21,1981 Page Four 26.Mr.Frazier 27.Mr.Sexton 28.Mr.Morrison 29.Mr.Frazier 30.Chairman 31.Mr.Vaughn because these instances are infrequent,volunteered a xerox from his department of the building permit be forwarded to the health department in all such cases and the county then could follow-up. agreed that this procedure would be acceptable to the health department. asked for verification that in the case of a second unit being added for a parent in a hardship situation, no additional system would be required. pointed out that the health department looked at the load added to a single system. stated that common sense must be used in determining whether to grant such a variance. asked for verification that,in the case where the second unit's sewer line must pass through a wash, a seperate system is required. 32.Mr.Sexton replied that a second system may be required, depending on the wash. 33.Chairman 34.Mr.Newcomer thanked the health department representatives for attending the meeting.He then summarized the next item of business,"Request for Interpretation of Zoning Ordinance." explained that Ms.Ruth Young,who was present to answer questions from the Board members,is proposing the use of individuals'homes to board paying over- night guests.The Zoning Ordinance does not address the problem of someone in a residential zone wanting to use one or more of their bedrooms for paying guests.The Zoning Ordinance does provide for a home occupation incidental to the main use of the house as a dwelling unit for the family,with certain stipulations.The Board's job in this instance is to clarify for the city zoning administrator exactly where in the Zoning Ordinance this type of endeavor is covered,and Bele an applicable interpretation. 35.Chairman invited Ms.Young to comment. 36.Ms.Young introduced herself as an eighteen -year resident of Tempe.She explained the concept known as "Bed and Breakfast"in Europe and further described her endeavor.She stated she lists homes statewide and has applied to all cities and towns and counties to see how their ordinances affect this business.The homes she lists result from an advertisement she places in the Sunday paper.She indicated the vast differences in types of people wanting to participate and the cultural advantages of this program as opposed to traditional motel/hotel facilities.She pointed out that participating guests are screened,and that liability insurance is provided by her for the participating hosts. 37.Chairman asked i f the screening was done by her,personally. Minutes Board of AdjUSAMent September 21,1981 Page Five 38.Ms.Young 39.Chairman 40.Ms.Young 41..Mr..Burfiend 42.Ms.Young 43.Mr.Burfiend 44.Mr.Newcomer 45.Mr.Burfiend 46.Mr.Morrison 47.Ms.Young 48. 49. 50 Mr.Morrison Ms;Young Mr.Morrison 51.Ms.Young 52.Chairman 53..Ms.Luddy 54.Ms.Young answered affirmatively.She stated i t is very low -profile. asked why this service would be necessary with motels/hotels available. explained that the cost to the guest is -less,the enjoyment of the overnight stay is heightened for the traveler.She pointed out that. she is listed with the U.S.Travel Services Agency.She provided letters from various -governmental entities- which. she had notified of her intent. asked Ms.Young to elaborate regarding liability insurance. indicated that 50%of homeowners'insurance did not cover rental situations.Her liability coverage is for "slip and fall"and picks up where the in- dividual's insurance does not cover.(i.e.;no individual coverage for rental situations means her liability insurance goes into effect immediately). although agreeing with the concept,stated stipulations would need to exist:liability insuranCe,. approval by the city,square footage requirements. interceded by clarifying the home occupation definition in the Zoning Ordinance:maximum of 4 of the floor area of one story of the main building or a detached home workshop of not more than 200 sq.ft.That 200 sq.ft.was not to be connoted to mean a 200 sq.ft.bedroom. continued that it would be necessary to be able to enforce compliance to stipulations (i.e.;a Special Use Permit could be cancelled.) asked how hosts are found to participate. replied that responses from her advertisement in the Sunday paper supply all the hosts. asked how did she benefit from this. replied there was a contract fee. expressed the opinion that Apache Junction was trying to rid itself of varying land-uses within the same zoning district.This would appearAo put commercial use within various residential districts. said various cities responded to her concept in different ways. expressed a desire to study this concept more thoroughly before offering an interpretation of the Zoning Ordinance's applicability. ingui red what standards Ms.Young sets in determining whether an applicant is acceptable. sends a complete mailing to them,goes to their home personally,pays strict attention to safety features; i t is written into the contract that,if complaints are lodged against a host,services may be discontinued. Minutes Board of Adjustment September 21,1981 Page Six 55.Mr.Morrison 56.Ms.Young 57.Chairman 58.Ms,.Young 59.Mr.Burfiend 60.Ms.Oberg 61.Ms.Young 62.Mr.Vaughn 63.Mr.Frazier 64.Mr.Vaughn 65.Ms.Young 66.Mr.Newcomer 67.Ms.Young 68.Mr.Newcomer 69.Ms.Young 70.Chairman 71.Ms.Oberg 72.Ms.Young asked i f someone were hurt in a host's home would Ms.Young's insurance cover it. replied that it would be covered i f it were a slip and fall.The host's private insurance would take over first and hers would pick up where the private insurance leaves off. expressed concern about the possibility of looting by the guests. advises hosts to remove valuables from the area of the house used by the guests. suggested that this be required to be covered in the insurance policy. requested a, copy of the standard contract used by Ms.Young. explained that house rules vary with each household. She agreed to furnish a copy of the first mailing. suggested the city attorney be approached concerning city liability i f neither party's insurance paid the claim. assured Mr.Vaughn that the city could not be held liable;Ms.Young would have been issued the business license.The only question is whether the Zoning Ordinance allows for this type of activity. asked,as a, representative of the state of Arizona, how many listings Ms.Young :intended to handle acknowledged she would set a limit to what she could manage,but was unable at this time to state a number. asked at what number of paying guests does the State Motel and Restaruant licensing agency get involved. How many rooms could a home rent before being con- sidered a motel/restaurant? answered that most cities allow two bedrooms;three bedrooms are classified as a boardinghouse.A minimum of two nights would be required;The hosts determine the maximum length of stay and whether children and pets are acceptable.She inquired concerning the cost of business licenses. responded that the City Clerk's initial reaction was that a business license would not be required for a one -bedroom operation.Ms.Young may need a license, but the individual hosts would.not. commented that Apache Junction is the second city in Arizona to ask for a business license. suggested the issue be tabled at this time and presented at a later meeting for determination. asked what the difference between Bed and Breakfast and a hostel was. A hostel :serves younger travelers. Minutes Board of Adjustment September 21,1981 Page Seven 73.Chairman 74.Mr.Vaughn 75.Ms.Young 76.Chairman 77.Mr.Newcomer 78.Chairman 79.Vaughn/Furness 80.Chairman Respectfully submitted, UCk Newcomer, Acting Executive Secretary thanked her for being present and answering the Board's inquiries. inquired how many applicants from Apache Junction had contacted her. answered that three have contacted her. called for an end to discussion of this matter and called upon staff to brief the Board on the next issue. explained the materials included in the members' packets detail recent amendments to the city Zoning'0Hinance. called for a motion to adjourn. M/S "BE IT RESOLVED by the Board of Adjustment of the city of Apache Junction,Arizona,that the meeting of September 21,1981 be adjourned." adjourned the meeting at 8:20 p.m.,there being no objection.