The URL can be used to link to this page

Home My WebLink About1982-08-02 BOA MINUTESMINUTES BOARD OF ADJUSTMENT 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA AUGUST 2,1982 7:00 P.M. Present Absent Mr.Berry Ms.Dunlop Mr.Morrison Ms.Luddy,Acting Chairman Mr.Newcomer,Executive Secretary Ms.Breece,Recording Secretary Mr.Burfiend Mr.Vaughn Mr.Jessamine Synopsis Approval of .Minutes dated June 28,1982,and July 12,1982 Public Hearings:BA -19-80 (Price)Second Renewal Approved BA -8-4 2 (Fassett)Denied BA -9-82 (Faulks/Wagner)Approved Special Meeting Scheduled -(August 23,1982) September Regular Meeting Scheduled (September 20,1982) 1.Chairman 2.Ms.Breece 3.Chairman 4.Dunlop/Berry 5.Chairman 6.Morrison/Luddy 7.Chairman Guests Mr.and Mrs.Allen Price Mr.and Mrs.Jim Faulks George Luddy Mr.and Mrs.William Fassett called the meeting to order and asked the Recording Secretary to call the roll. called the roll determiningJour members were present and three absent asindicated above. asked for a motion to approve Minutes dated July 12,1982. M/S "BE IT RESOLVED by the Board of Adjustment. of the City of Apache Junction,Arizona,that the Minutes dated July12,1982, he approved as presented." The motion passed unanimously (4-0). asked for a motion to approve Minutes dated June 28,1982. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Minutes dated June 28,1982,be approved as presented.' The motion passed 2-0.2.,with Mr.Berry and Ms.Dunlop voting "present"due to their absence at that meeting. asked staff to brief the Board on the first case, BA -19-80 (Price). 8.Mr.Newcomer presented the case explaining this is the second renewal. 9.Mr.Price 10.Chairman introduced himself as applicant and stated there had been no change in status •of the situation since the original application was granted. invited public comment;there was none.Closed the public hearing following staff summary.Called for a motion after Board deliberation. Page 2 -Board of Adjustment Minutes of August 2,1982 11.Morrison/Dunlop 12.Chairman 13.Mr.Newcomer 14.Mr.Fassett 15.Chairman 16.Morrison/Berry MIS "BE IT RESOLVED by the Board of Adjustment of 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: Northeast 4 of the Northwest 4 of the South- west 4,excluding the North 132'thereof of Section 17,Township 1 North,Range 8 East, Gila and Salt River Base and Meridian. "This permit shall be issued for a period of nine months commencing June 1,1982.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)M I applicable conditions stipulated with the issuance of the permit have been complied with by the applicant." The motion passed unanimously (4-0). asked staff to brief the Board cm BA -8-82 (Fassett). presented the case with required administrative data. introduced himself as applicant and stated he would apply for rezoning. called for public comment whereupon staff read a letter of opposition from A.Richard Damiano of •Apache Junction,dated June 28,1982. The letter read as follows: "I am sorry I will not be able to attend the public hearing on July 12,1982,for William and Shiela Fassett. "I must object to the granting them a variance on the Pinal County Tax Assessor's Parcel #100-25-002. "He should have applied for a variance before placing the mobile home on the property. "That corner"is littered with all kinds of cars in all stages of repair,and other vehicles in the right-of-way on Brown Road illegally parked." The public hearing was closed and a motion requested following Board deliberation. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the requested variance in case BA -8-82 to install a mobile home dwelling unit on the subject property be denied. "The Board bases its decision on the following findings: 1)A rezoning request to the Planning and Zoning Commission would be the proper channel to handle this request. Page 3 -Board of Adjustment Minutes of August 2,1982 2)This is a special circumstance which is self-imposed by the property owner and the Board of Adjustment is prohibited by ARS 462.06(H)(2)from granting the variance." The motion passed unanimously (4-0). 17.Chairman asked staff to brief the Board on BA -9-82 (Faulks). 18.Mr.Newcomer presented the case explaining that although the mobile home would face north,the west side must be considered the front yard due to the fact that access to the property was from Royal Palm Road on the west. 19.Mr.Faulks introduced himself as applicant and offered to answer questions. 20.Chairman invited public comment;there was none. 21.Morrison/Dunlop A letter from Robert Guthrie of Apache Junction, dated July 22,1982,who expressed no objection to the variance request was read by the Chairman. "I will be unable to attend the August 2,1982, meeting of the Apache Junction Board of Adjustment. "As a property owner within 300'of the subject site of the proposed variance BA -9-82 (Faulks), I wish by this letter to state that I have no objection to the proposed variance." A memorandum from the Zoning Administrator dated July 19,1982,was also read.He recommended approval. "Pursuant to the provisions of Section 2403d,I recommend that the Board grant the requested variance due to the topography of the property." The public hearing was closed and a motion was requested following Board deliberation. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that in case BA -9-82,a variance to front yard setback require- ments of Section 806 of the city zoning ordinance be granted. "This variance is subject to the following conditions: 1)The front yard setback shall not be reduced to less than 29 feet. 2)All other requirements of the city zoning ordinance,and regulations of all agencies having jurisdiction,shall be complied with. "The Board bases its decision on the following findings: 1)The topography of the site makes strict compliance with the yard requirements impossible without practical difficulty and hardship. 2)The Board is authorized by Section 2403 (d) of the zoning ordinance to grant this requested variance." The motion passed unanimously (4-0). Page 4 -Board of Adjustment Minutes of August 2,1982 22.Mr.Newcomer announced a special meeting scheduled by the Chairman for August 23,1982,at 7:00 p.m., in the Council Chambers. 23.Chairman called for a motion regarding the September meeting time due to the Labor Day holiday conflict. 24.Morrison/Dunlop M/S "BE IT RESOLVED by the Board of Adjustment of the City of -Apache Junction,Arizona,that the regular meeting for the month of September,1982, be held on Monday,September 20,1982,at 7:00 p.m., at the City Council Chambers,1001 North Idaho Road,Apache Junction." The motion passed unanimously (4-0). 25.Chairman adjourned the meeting by concensus at 7:50 p.m., there being no further business. Respectfully submitted, Charles NeOcomer Acting Executive Secretary Approved: 5Mthe,—ChdirMan