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HomeMy WebLinkAbout1981-11-02 BOA MINUTESMINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 2,1981 7:00 P.M. In Attendance Mary Luddy,Acting Chairman Dale Burfiend Harvey Morrison Sandra Oberg Chuck Newcomer,Acting Executive Secretary Becky Nendza,Recording Secretary Councilmen Eidson,Liaison 1.Acting Executive Secretary 2.Acting Chairman 3,Ms.Nendza 4.Acting Chairman 5.Burfiend/Morrison 6.Acting Chairman 7.Mr.Newcomer Absent Guest Joe Jessamine (illness) Bill Vaughn (illness) Mr.Winters Mrs.Winters Mr.Wingmyer Eleanor Spear called for a nomination for Acting Chairman since the Chairman and Vice Chairman were both absent.Mrs.Luddy was elected by concensus. opened the meeting at 7:00 P.M.and asked the Recording Secretary to call the roll. called the roll and determined four (4) members present and two (2)members absent requested a motion for approval of the "Minutes"dated September 21,1981. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction, Arizona,that the "Minutes"of the meeting of Septmeber 21,1981,be accepted as written." The motion passed unanimously. announced that the next item on the agenda was Case No.BA -6-81 (Winter)and asked Mr.Newcomer to brief the Board on the case. explained that the applicant's property is zoned General Rural and is located on Scenic St.just off Tomahawk Rd.The applicant originally submitted an application to put in some slide -in additions to the mobile home which would result in a reduction to the side yard setback of approximately ten (10)feet instead of the twenty (20)feet required by the General Rural Zoning District. Mrs.Winter has since requested a slight amendment to the application.Instead of the slide -ins,this amendment would call for a twelve (12) -foot wide trailer which would bring the side -yard setback down to between eight (8)and ten (10)feet,presuming the same foundation and plumbing hook-ups as the existing unit. 8.Mr.Morrison asked i f there would then not be enough setback. page 2 -Board of Adjustment Minutes of November 2,1981 9.Mr.Newcomer answered that putting in the new unit or the slide -ins resulted in the infringement on the side -yard setback being about the same. 10.Mr.Morrison asked if a variance would have to be granted. 11.Mr.Newcomer 12.Acting Chairman 13.Acting Chairman 14.Mrs.Winter 15.Mr.Newcomer 16.Acting Chairman 17.Mr.Morrison said he wasn't sure i f the applicant's wanted to have both of them considered as alter- natives or wishes to have this new proposal as his only alternative. called upon Mr.or Mrs.Winter to come forward and answer any question the Board members had. asked Mrs.Winter if she was asking for a variance for the new mobile home that they propose to put on the property. replied they were asking for a variance for either one.The add -ins would make the present eight (8)feet trailer a twelve (12). foot trailer. explained that the encroachment on setbacks would be basically the same. asked if any of the Board members had seen the lot in question. answered yes. 18.Mr.Burfiend said he also,inspected the site. 19.Acting Chairman 20.Mrs.Winter stated that it was a very difficult lot.The trailer could not be set elsewhere on the property. stated that more space was needed to accomo- date their growing family.This unit would be temporary since future plans include ialther putting in a foundation for a double- wide trailer or building a home to the west of the present trailer site.However,that will involve excavating a hill of caliche at a great expense. 21.Acting Chairman asked i f the people on the adjoining lots had been notified. 22.Mr.Newcomer said he had sent notices to everyone within a 300 -foot radius of the property notifying them of the application and the date of the hearing. 23.Mr.Morrison inquired about the dimensions shown on the proposed plot plan. 24.Mr.Winter replied that,because of a ridge,the trailer could not be placed in compliance with the setback requirements. 25.Mr.Morrison suggested that pylons could be used instead of excavation. 26.Acting Chairman invited comment in favor of the variance. 27.Mr.Wingmyer introduced himself and said he knew of no reason why the Winters should not have the variance.He was in favor of it. page 3 -Board of Adjustment Minutes of November 2,1981 28.Eleanor Spear 29.Mr.Morrison 30.Mrs.Winter 31.Mr.Burfiend 32.Acting Chairman 33.Mr;Newcomer 34.Acting Chairman 35.Mr.Newcomer 36.Mr.Winter 37.Mr.Newcomer 38.Mrs.Winter He said the Winters take care of the property and they have caused no problems. said she had no objections to what the Winters wanted to do. noted that i f the wash that was there was in the flood plain,there would be a problem. He asked Mrs.Winter if much water ran in the wash after a bad rainstorm. replied negatively. stated that,due to the proximity of Desconso Road,the variance should be denied.He felt there was no hardship warranting the variance and suggested the trailer be placed in compliance with zoning,using concrete posts and fill dirt.i f necessary.He opposed setting a precedent with this case. asked the Acting Executive Secretary i f Desconso Road was disregarded,how would the property lines be affected. explained that i f Desconso Road was to be abandoned,the property owners on each side of the easement would then gain deed to their half of the easement. He explained there is an application process to have an easement abandoned.Desconso is very close to Tomahawk Road which would be a major arterial thru there;Senic is also a major collector route.Chances of Desconso ever becoming a major traffic generator are very slim.He said it was possible Desconso Road would be abandoned in the future. asked i f this would affect the Winters. said that,i f it were to be abandoned,they would gain the title to that extra 33 feet of easement to the east side of the trailer. questioned the fact that no easement appeared on their neighbor's deed. explained that the section was originally divided by the U.S.Government and -a blanket pattern of easements Was established there.,It is possible that it did not show up on an individual's deed. He said the property owners could make a request to have the easement abandoned.They would have to go to the Department of Public Works,through the City Engineer's office,and follow the process to abandon roadways. stated they originally intended to pursue a road abandonment procedure.The City. Engineer and the Planning and Zoning Department re- commended that they apply'for a variance rather than an abandonment of the easement;the reason being,they thought it was more applicabli to their situation. She said they were told that the Board of Adjustment most likely would accept i t in a variance form. page 4 -Board of Adjustment Minutes of November 2,1981 39;Acting Chairman 40,Mr.Newcomer 41.Mr.Morrison_, 42,Mr:Newcomer 43..,Mr:Winter:. She said the fee for a road abandonment is $250.00 and $65.00 for the variance.She explained they chose to go with the variance because of the recommendation by the Planning and Zoning Department. asked i f it were possible that the Board grant the variance with certain conditions. answered that he was not sure how far the Board's powers went as far as attaching con- ditions to the variance. suggested that Planning and Zoning should decide. on the length of time :a clearance could be gtanted. answered that the variance could be given for any length of time. said that he intends to build aAlouse-there,_ but,not until heHget-sthelproper funds.He said he could -pursue -the ,abandonment of the road in the lnear future -. 44.1 Mr.Burfiend asked.Mr.Newcomer how long it would take to get an abandonment through; 45:Mr;Newcomer 46.Acting Chairman 47.Oberg/Luddy answered that it would probable take a couple of months from the start of processing. suggested thatarmOtion beirmadeffarattemporay • variance,explaining-that ata later date they wouldllave:a right to deny renewal -i f necessary,: concerning the road abandonment. M/S BE IT RESOLVED by the :Board of Adjustment of the City of Apache Junction-,Arizona,that they vote on the temporary variance with z time stipulation. motion withdrawn. 48.Acting Chairman called for a five-minute recess. 49.Mrs.Winter 50.Oberg/Luddy asked that!the Board-takeHintatonSideration that three of their neighbors-testified:that - they had no Dbjection toJhe locatidn of the trialer. She also requested that the Board keepjn mind that it Was highly unlikely Desconso Road would ever be developed. M/S "BE ITAESOLVED,by the Board of Adjustment that a 12 -month variance be granted with the following stipulations. 1.That the applicant agrees to proceed with the proper procedures to request abandonment of Descanso Road on the east side of the property, 2.Atthe end of the year's period;if• Descanso Road easement has abandoned,the applicant again shall appeartefore-thiS Board for a:complete review of the• -case". The motion was .a tie 2-2. Oberg,Luddy for,-Burfiend,Morrison,-against page 5 -Board of Adjustment Minutes of November 2,1981 51.Mr.Newcomer 52.Mr.Winter 53.Mr.Newcomer 54.Acting Chairman 55.Burfiend/Oberg stated that,according to the rules and pro- cedures adopted by the Board,in the case of a tie vote the item is automatically tabled to the next meeting of the Board. asked that the $65.00 he paid for the applicatio for the variance,be refunded to him so that he may apply i t to the abandonment of the easement. explained fees are applied to posting and publishing and are not refundable. announced the next item of business is the interpretation of Section 433,"Home Occupation, of the Zoning Ordinance. MIS "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that hereby is provided its interpretation of Section 433,"Home Occupation,"of the City of Apache Junction,Arizona,Zoning Ordinance, in accordance with authority granted to the Board of Adjustment by Section 2403 (a)of the City Zoning,Ordinanc6.1 Spedifically on whether or not said section of the City Zoning Ordinance includes the provision of overnight . lodging and/or board in private residences for paying guests as a permissible home occupation activity or use.I t is the deter- mination and ruling of this Board,that such a use or activity does not meet the criteria set forth for home occupations in Section 433 of the City Zoning Ordinance,and therefore, is determined not to be a permissible home occupation activity or use. The decision of the Board is based on the following: 1.Section 433 provides that a home occupation may not "cause any parking or traffic congestion in the immediate neighborhood".Current parking regulations require 2 spaces for a single-family residence.Many residences do not have adequate park- ing space to accomodate the need for one or more extra spaces for parking of vehicles owned by the paying guests.In addition,the location of numerous residences in a neighbor- hood offering lodging and boarding to transient customers may cause undue traffic congestion on local streets in the neighborhood. The Board notes that in not all instances would the provision of lodging for paying guests in resi- dential zoning districts be detrimental to the public health,safety,and general welfare,nor Violate the intention of the city zoning ordinance, However,the city zoning ordiance in its present form does not provide for an adequate review,public hear- ing,and permitting process to effectively safeouard residential neighborhood intergrity". page 6 -Board of Adjustment Minutes of November 2,1981 Mr.Newcomer The vote was unaminous. announced' that the Planning and Zoning Commission and The Land Use Planning Committee will be making their presentation of the city's General Plan on November 9th. 56.Acting Chairman adjourned the meeting at 8:05 P.M. Respectfully submitted, ( U 1 ,1 4 Charles Newcomer Acting Executive Secretary Approved: fla!z _ )z)ZrXMary*Luddy Acting Chairman