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HomeMy WebLinkAbout1982-07-12 BOA MINUTESIn Attendance MINUTES BOARD OF ADJUSTMENT CITY OF APACHE JUNCTION,ARIZONA 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA JULY 12,1982 7:00 P.M. Absent Guests Mr.Berry None See Attendance Sheet Mr.Burfiend Mrs.Dunlop Mrs.Luddy Mr.Morrison Mr.Vaughn,Vice -Chairman •Mr.Jessamine,Chairman Mr.Newcomer,Executive Secretary Mr.Eidson,Liaison Ms.Breece,Recording Secretary Synopsis Minutes dated June 7,1982 -approved Election -Chairman -Vice-chairman Public Hearings:BA -5-82 (Southard)tabled 120 days BA -34-79 (Pihajlic/Vader)9 month renewal approved BA -19-80 (Price)continued to August 2,1982 BA -22-80 (Ehler)withdrawn BA -23-80 (Boso)12 month extension approved BA -4-81 (Corsi)renewal upheld BA -8-82 (Fassett)continued to August 2,1982 stated that since this was the beginning of the new fiscal year,according to the Board rules, election of officers was in order.Nominations for Chairman were requested. 1.Mr.Gero 2.Luddy/Berry 3.Morrison/Burfiend 4.'Mr.Gero 5.Chairman 6.Berry/Luddy 7.Chairman nominated Bill Vaughn. nominated Joe Jessamine. There.being no further nominations,ballots were cast.Mr.Jessamine received 4 votes.;Mr.Vaughn received 3 votes. asked for nominations for Vice-chairman. nominated Mr.Vaughn. There being no further nominations,asked -for a vote by acclamation.Mr.Vaughn was elected Vice-chairman by concensus. 8.Luddy/Vaughn MIS" "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the "Minutes"of the meeting of June 7,1982,be accepted as written." The motion passed 6-0-1,with Mrs.Dunlop voting present due to her absence at that meeting. 9.Chairman asked staff to brief the Board on BA -5-82 (SoLithard), Page 2 -Board of Adjustment Minutes of July 12,1982 10.Mr.Frazier 11.Jim Southard 12.Mr.Frazier 13.Mr.Vaughn 14.Mr.Frazier 15.Mr.Gero 16.Vaughn/Berry 17.Chairman 18.Mr.Newcomer 19.Mrs.Vader 20.Mr.Frazier city zoning administrator,explained that the subject appeal had been continued from several previous meetings.The appeal he explained was filed after the city condemmened the building. An inspection of the building was made while work was being done without a permit.It was found that the roof's system was overstressed according to the city building codes.The work was stopped and Mr.Southard was issued a Notice of Order which was then appealed by him. The issue before the Board is Mr.Southard's appeal of the notice and order. explained -that since the building was cited for not being safe,: he had contracted With contractors:, to -add three -trusses to the: major portion of the The continuance he explained was necessary because he had to:change .contractors and was negotiating with two potential lessees_ He assumed that the contractor knew what was required (ie_permits,etc.). explained that Mr.Southard's appeal was whether the notice and order as issued to him by the Building Department was proper. asked the Zoning adTinistrator what problems exist with the roof. answered that a copy of a report from a constuc tional engineer hired by Mr.Southard's contractor confirmed what the city stated;. that the roof system was unsafe; suggested that Mr.Southard and the building Official work out a remedy,and then the appeal can be withdrawn and the work can .proceed. MIS "BE IT RESOLVED by the Board of Appeals of the City of Apache Junction,Arizona,that BA -5-82 (Southard),be tabled for 120 days." The motion passed unanimously (7 0). announced the next item on the .agenda woscase BA -34-79 (Pihajlic/Vader),Staff was asked. to brief the Board. explained the applicants were applying for a renewal permit to maintain two mobile home units on one piece of property. explained that the reason they wanted to have the permit renewed is because her father is 88 years old and she is looking after hiM, stated that the zoning administrator's office had not received any complaints on this case and recommended the permit be renewed. 21.Luddy/Dunlop M/S "BE IT lRESOLVED by the Board of Adjustment of the- City of Apache Junction,. Arizona,that a Page 3 -Board .of Adjustment Minutes of July 12,1982 9 -month temporary,renewable,and revokable permit be granted to the applicants in case BA -34-79 as a renewal to the permit issued in August,1979,to permit two mobile home build- ing units on the subject property. The Board is authorized to grant such a permit by Section 2403 (h)of the city's zoning ordinance. The following conditions are imposed on the permit: 1.Only the father will occupy the second mobile home. 2.This permit shall become null and void upon the sale,lease or rental of the subject property. The Bord bases its decision Ph the fOlieWing reasons: 1.Permit conditions of the original permit have been complied with. 2.The applicant has demonstrated need for a permit renewal." The motion carried 7-0. 22.Chairman asked staff to brief the Board on BA -19-80 (Price). 23.Mr.Newcomer suggested this hearing be continued since Mr. Price has not responded to the renewal notice sent to him. 24.Berry/Luddy M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that BA -19-80 (Price)be tabled until the August 2, 1982,Board of Adjustment meeting at 7:00 p.m. The motion passed unanimously (7-0). 25.Chairman asked staff to brief the Board on the next item, BA -22-80 (Ehler). 26.Mr.Newcomer explained that on January 5,1981,the Board granted the applicant a 9 -month temporary permit to place a travel trailer on the subject property as a temporary dwelling unit for a security guard while a structure for a business on the site was constructed. To date,no construction had ocurred. •27,Mr,Ehler stated that the trailer had been there for quite a while but had not been occupied. said he would like to keep the permit to use in the future. 28.Chairman•explained the permit was given to hiM ?AP 4 9- month period to have a security guard on the property while a building Was being built.He suggested Mr.Ehler submit an application for a permit when he was ready to build on the site, 29.Mr.Ehler withdrew his application for renewal and said he would reapply when he was ready. Page 4 - 5oard of AdjustMent Minutes of July 12,1982 30.Chairman said the next case on the agenda was BA -23-80, (Boso). 31.Mr.Newcomer 32.Mrs.Boso 33.Mr.Frazier 34.Mr.Newcomer 35.Burfiend/Luddy explained that this was a request for renewal of a 12 -month permit granted by the Board of Adjustment. Stipulations had been complted th. requested renewal of the permit. stated that his office had not received any complaints concerning this case. said based on his on -site inspection,Mr..Boso had complied with all the requirements and stipulations of the temporary permit. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that a 12 -month extension to the temporary permit be granted." The motion passed unanimously (7-0). 36.Chairman asked staff to brief the Board on the next item, BA -4-81 (Corsi). 37.Mr.Newcomer explained that this special hearing was called by the Board at the June 7,1982,meeting of the Board based on complaints submitted alleging that the applicant had not complied with all permit conditions of the original permit granted to the applicant on June 1,1982,and the renewal of March 1,1982. He read the following letter received May 3,1982, by the planning department and signed by L.L.Bray of 582 South Hilton Road,Apache Junction: "Mr.Goff goes in said trailer at night and comes out in morning.When she does laundry,she hangs his clothes on line with hers.Evertime he goes to town he brings in groceries.He has been living in the trailer the last 2 months.That divorce that they have got is for welfare purposes only. 11 will take a lie detector test on everything that I have told you." He read the following letter,received May 3,1982, by the planning department and signed by Lloyd L. Bray,582 South Hilton Road,Apache Junction: "To Whom it May Concern: "As a concerned citizen,I want to make you aware of certain indiscretions in area zoning.This area is zoned to receive but one mbbile unit per 14 acre lot.Mrs.Corsi has one such structure on her property.Recently,she acquired special permission to place a second unit on her property on the proviso that her mother,Mrs.Goff,be the sole occupant of said dwelling.Mrs.Goff is on various agency assistance programs and divorced. Yet,her former husband is in residence,contrary to zoning laws and,possibly,the social services conditions governing eligibility of recipients. "I feel,if,these women are given preferential treatment,someone is exeraSiOg discrimination. Am I to assume that the second unit on the above- FVe 5 , Nard of Adjustment Minutes of July 12,1982 38.Mrs.Corsi (sworn under oath) mentioned property constitutes an unwritten change of zoning laws?" He read the following letter,received by the planning department on May 17,1982.It was signed by W.S.Cummings,471 South Hilton Road,Apache Junction,Arizona;Lois Cummings,471 South Hilton Road,Apache Junction;Lloyd L.Bray,582 South Hilton Road,Apache Junction;Charles Wilson, 468 South Hilton Road,Apache Junction;Fred Lazell, 488 South Hilton Road,Apache Junction,Arizona. "Be advised that the undersigned petition is for the revocation of the above -referenced permit. "The undersigned petitioners have beyond reasonable doubt and,in fact,witnessed the tenancey of more than one person in the mobile home. "Be further advised that a swimming pool on the property has been used and is filled without proper fencing as prescribed by law.In addition,a structure has been erected on the easement separat- ing the property from that to the north.This is a violation of the use of easements which allows only the installation of fencing or pavement for parking." He read the following letter from Mr.Lloyd L. Bray,received May 17,1982,by the planning department: "To Whom it May Concern: "Mrs.Corsi lied to you when she got the permit. She told you people that she had her mother in the house with her.She had her mother,father, and brother.Mr.Goff has been living with Mrs. Goff since the last of February.Everything that he owns is on that property." said that the complaints against her were false. She felt the people who signed the complaint were trying to get revenge on her for summoning the dog catcher on a neighbor's dog. She said when she put up her swimming pool she discovered a neighbor had 16 feet of her property. She stated that each time she did something to her property,obtained the proper permit.She said her father does not live with her mother;he brings over his laundry and she or her mother washes it. She said her mother is not on welfare. 39.Mrs.Luddy asked if Mrs.Goff's financial hardship situation, on which the original permit was based,had changed. 40.Mrs.Corsi answered:. not significantly,that she had just received a new rate on Social Security. 41.Robert Goff (sworn under oath) 42.Bill Goff (sworn under oath) stated that his father lives with him.His wife works so his mother does his father's laundry. stated that he had stayed with hissister from November to February of last year. plwq of Adjgstnjent Minutes of July 12,1982 He said his mother is on a fixed income and not on welfare.He felt she had been harrassed and the neighbors were:very belligerent to her. 43.,Sharon Norman:(sworn under:stated that her brother nor.she-had livedin the. oath)trailer,ancithat her mother and sister are being harrassed. 44.Sandy Wright (sworn under oath) .45.Jen Benquisty:(sworn under oath) 46.Mrs.Corsi 47.Chairman 48.Mr.Vaughn 49.Mr.Vaughn 50.Mrs.Goff (sworn under oath) 51.Mr.Vaughn 52,Mr.Bray (sworn under oath) 53.William Cummings She said she wished they would all leave her mother alone;she is not doing anything wrong and she minds her business. stated that she lives next door to Mrs.Corsi and that Mrs.Corsi baby-sits for her.She said she frequents Mrs.Corsi's and Mrs.Goff's residences; no one lives with Mrs.Goff. stated that Bill Goff lives with her;she had visited Mrs.Corsi's trailer many times and Mr. Goff is living with Bobby.She said Mrs.Goff's trailer isn't big enough for more than two people. stated that she wished to get a copy of what was said at the meeting so she may give i t to her lawyer. read a letter in part written by Mrs.Goff con- cerning activities on the property. read a letter from Freeman Goff: "To Whom it May Concern: "I,Freeman H.Goff,do not reside with my ex- wife,Mae Goff,and have no intention of doing so. I sold her some building materials for her trailer and I also have done some carpentry work on her trailer;she has receipts I gave her for payment of the materials. "I stay with my daughter,Norma Corsi,at 520 South Hilton Road,Apache-Jubction,Arizona,or my son,Robert, 437 North 96th Street,Mesa, Arizona.Rumors have been spread by some of Norma's :neighbors that I am living with my ex- wife.These rumors are absolutely not true." asked Mrs.Goff i f Freeman H.Goff lived with her. answered:"I have been divorced for 12 yearsEand I have no intentions of living with him." stated that when he made an inspection of Mrs. Goff's house,he found no one else living there. said that about the first of March he ,saw,t4r.,Goff at Mrs.Goff's trailer;that he stayed there for 3 months until a complaint was filed. explained that he was the first tenant on the 5 -acre plot that was subdivided into 4 sections.The parcel was surveyed by a certified surveyor.When Mrs.Corsi bought her property,another survey was completed .When a discrepency was found, the property was immediately restaked after receiving the official survey map.Everyone was hurt by the missurvey;none of the residents were at fault; i t had been assumed that the first official survey was correct. Page 7 -Board of Adjustment Minutes of July 12,1982 54.Mr.Vaughn 55.Chairman 56.Fred Lazell -(sworn under oath) 57.Lois Cummings:(sworn under oath) 58.Norma Corsi 59.Chairman 60.Mr.Frazier 61.Vaughn/Luddy 62.Chairman 63.Mr.Newcomer 64.Mr.Fassett 65.Chairman 66.Mr.Fassett Rebutted the issue of the dog. Mr.Goff was observed going in and out of Mrs. Goff's trailer,usually on weekends. He objected that this permit increases the density of the area. explained that the second trailer is not permanent; When there is no need for it,it will be terilove& said that the purpose of the Board of Adjustment is to try to assist the people in their hardships. cited cases with seemingly conflicting decisions.c _ said she had tried to make friends with Mrs.Corsi and her efforts were rejected. asked i f her mother had the right to have visitors at her home and if she was allowed to have a visitor spend the night. said she is allowed Visitors;but only she may "reside"there. said his original recommendation stands.His office has never received a complaint on the Corsi's. They have always made sure that everything they did met building codes and zoning ordinance. MIS "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the temporary permit BA -4-81 issued to Norma Corsi remain in effect. "The Board bases its decision on the following findings of fact:. 1.Evidence presented to the Board have not conclusively proved permit:conditions under which the permit was granted have been violated. 2.There have been no other reasons presented that i t should be removed. The motion passed: unanimously (7-0). asked -Staff to .brief the Board.on the next case, BA -8-82 (Fassett). explained the applicant is requesting a variance to legally install a dwelling unit which is sitting on the south sideof the property.I t is a CB -2 zoning district which does not allow mobile home dwellings. explained that he would like to live in the mobile home to be close to his work.He said he had 289 suppofting signatures of patrons of his business; 180 of which the signatures are Apache Junction residents. asked i f he WAS W O A permit: was required. said that he was told he _couldinot:have a mobile;, he was told he Could have a modular.-He was advised by a person who installs units that Page 8 -Board of Adjustment Minutes of July 12,1982 67.Chairman 68.Mr.Burfiend 69.Mr.Fassett 70.Mr.Frazier 71.Chairman 72.Mr.Fassett 73.Mr.Frazier 74.Mr.Gero 75.Mr.Frazier 76.Maxine Mills 77.Chairman 78.Vaughn/Dunlop 79.Chairman Respectfully submitted, Charles New mer Acting Executive Secretary Approved: taking off the wheels and the axles would modify i t to a modular. said he was informed by a city government associate that there was no clear definition of "modular"within the state. advised Mr.Fassett that he should have reviewed city codes instead of following the advice of a dealer. noted the Board does not have the right to change zoning. pointed out that the zoning administrator's office advised him to apply for a variance. said Mr.Fassett was advised that i f he applied for a variance they would,in fact,buy time. He stated the applicant was also told that in his opinion,since the mobile home was placed there first,the Board would be precluded from granting a variance because the hardship was of his own making. explained that taking the wheels off a mobile home does not make i t a modular home. asked Mr.Frazier i f there was anything he could do to adjust the mobile home to make it a modular. explained that a mobile home is built by a different set of standards than a modular;there is no way a mobile home can be converted to a modular home. asked the zoning administrator if,while an administrative remedy to the current circumstances is being sought,the applicant would be permitted to reside in the unit. answered affirmatively. introduced herself as mother of the applicant.She asked for clarification of mobile vs modular. t Eicc‘1009 Joe Je :mine,Chairman Mary Lucky,Acting Chairman then called for a motion. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that this public hearing BA -8-82 be continued until August 2,1982,7:00 p.m.,1001 North Idaho Road,Apache Junction,Arizona. The motion passed unanimously.(7-0). adjourned the meeting by concensus at 9:30 p.m., there being no further business. RECORD OF ATTENDANCE MEETING ATTENDED: MEETING DATE: NAME Maxine Mills Sheila Fassett Sillian E.Fassett Lawrence E.Ehler Dorothy Ehler Mikki Frazier John Southard Jim Southard Sandy Whitten George Luddy Robert Shanks Marie Shanks,Councilman Fred Lazzell Lloyd Bray William Cummings Lois Cummings Robert Goff Kathy Goff Joan Benaqiusta Bill Goff Sharon Norman Chuck Smith Ann Vader Mrs.Howard Boso Mr.& Mrs.Gerald Bohn Mae Goff Sandra Wright Norma J.Corsi Board of Adjustment July 12,1982 ADDRESS P.O.Box 1956 -Apache Junction,AZ 85220 2230 E.Apache Trail -Apache Junction AZ 85220 2230 E.Apache Trail -Apache Junction AZ R5220 7768 E.Mangun Rd.-Mesa AZ 85207 , 7768 E.Mangun Rd.-Mesa AZ 85207 198 S.Thunderbird Dr.-Apache Junction AZ 85220 7309 E.Syhane Rd.Tuscon AZ 85711 5501 E.7th St.-Tuscon AZ 85711 2285 S.Royal Palm -Apache Junction AZ 85220 641 S.Gold Drive -Apache Junction AZ 85220 472 S.Goldfield Rd.-Apache Junction AZ 85220 472 S.Goldfield Rd.-Apache Junction AZ 85220 488 S.Hilton Rd.-Apache Junction AZ 85220 582 S.Hilton Rd.-Apache Junction AZ 85220 471 S.Hilton Rd.-Apache Junction AZ 85220 471 S.Hilton Rd.-Apache Junction AZ 85220 437 N.96th Place -Mesa AZ 85207 437 N.96th Place -Mesa AZ 85207 725 W.El Prado -Chandler AZ 85224 725 W.El Prado -Chandler AZ 85224 402 S.Beck #1 -Tempe AZ 85281 402 S.Beck #1 -Tempe AZ 85281 2141 W.Shiprock -Apache Junction AZ 85220 1536 W.Roundup -Apache Junction AZ 85220 General Delivery -Apache Junction AZ 85220 523 S.Hilton Rd.-Apache Junction AZ 85220 578 S.Hilton Rd.-Apache Junction AZ 85220 523 S.Hilton Rd.-Apache Junction AZ 85220