Loading...
HomeMy WebLinkAbout1982-11-01 BOA MINUTESBOARD OF ADJUSTMENT 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 1,1982 7:00 P.M. Present Mr.Burfiend Me.Berry .Ms; Dunlop MS: Luddy Mr. Morrison_ .Mr.:.Vaughn,,Vice Chairman Mr.Jessamine,Chairman, Mr.Newcomer,Executive Secretary Ms.Breece,Recording Secretary Absent Guests None Mikki Frazier Rory J.Kelley George Luddy Ray Nielsen Synopsis Minutes approval -September 20,1982 BA -11-82 (McDonald's)-approved Discussion of section of zoning ordinance addressing Board of Adjustment powers and procedures. Adjournment 1.Chairman: 2:Ms; Breece Chairman 4.,Mt.Butfiend 5.Mr.Vaughn 6.Burfiend/Berry 7.Chairman B.'Mr.: Newcomer 9.Rory Kelley 10.Ms.Luddy 11.Mr.Kelley called the meeting to order and asked the recordfng secretary to call the roll. called the roll determining all members were present. asked for a motion to approve the Minutes dated September 20, 11982.. requested Item 25 be deleted and the words "sales tax license"be added to Item 33. corrected Item 9,noting he had seconded the motion (not Ms.Dunlop,as written). MIS."BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Minutes dated September 20,1982,be approved as corrected." The motion passed unanimously (7-0). directed staff to brief the Board on case BA -11-82 (McDonald's) explained the continuance of this case from the September 20,1982 meeting.McDonald's Corpora- tion has received a permit to erect a 35'-high sign,and requests a variance to the 15'setback requirement. introduced himself as representing the applicant. He explained that,although McDonald's originally desired to place the sign 1'back from the property line,the request had been amended to placing the sign 5'back from the property line.He noted McDonald's likes to separate signs from the building;adhering to the required setback of 15'would make the sign look like a nose coming out of the front of the building. asked what proposal McDonald's would submit as far as a compromise is concerned.(ie,less setback required and lower profile sign) replied that McDonald's was not interested in a compromise;i f the variance was not granted the sign would be placed at the 15'limit. BOARD OF: ADJUSTMENT NOVEMBER I ,1982 PAGE TWO 12.Mr.Frazier 13.Chairman 14.Mr.Kelley 15.Mr.Vaughn 16.Mr.Morrison 17.-Mr.Kelley 18.Mr.Frazier in response to a point raised by Mr.Burfiend concerning distance from the sidewalk to the base of the sign,noted that a site survey would be required.The state right- of-way varies and it would be difficult to predict how far the sidewalk would be in;an additional lane of pavement,curb and gutter,and sidewalk would be required, but how much right-of-way would remain in that particular location is uncertain. what i f the sign were placed 5'from the property line and then a sidewalk was required what would happen? recognized that moving a sign would be at McDonald's expense,but felt a contingency could be placed on the variance approval assuring this. stated there were 35!right-of-way and - that even i f tWolanes were added there would be ample space ,remaining, asked why McDonald'sJeels a need to place: the sign so close to!the property line when other businesses new to the city have! abided by the sign ordinance. suggested when the sign ordinance is rewritten a-Sign -setback could be based on building ! setback. pointed out that if the sign were placed: in the required 15'setback,although, it would extend over the sidewalk there would be no problem with head clearance since the bottom of the sign would be 14'high. 19.Chairman called for staff recommendation. 20.Mr.Frazier read Section 2504 of the zoning ordinance which states the applicant must present evidence showing a)special circumstances or conditions applicable to the subject property which do not prevail on other properties •in that zone,b)the strict application of the regulations would work an unnecessary hardship and the granting of the application is necessary for the preservation and enjoyment of existing property rights,c)granting of said appli- cation will not affect the health,safety of persons residing or working in the neigh- borhood and will not be detrimental to the public welfare.He noted lit was the staff recommendation that the variance request be denied because the applicant has failed to comply with a)and b). 21.Mr.Vaughn noted staff did not address applicant's compliance with c). BOARD .OF ADJUSTMENT.. NOVEMBER 1,. 1982 PAGE THREE- 22.Ms.Dunlop commented that there would be no interference with the building i f McDonald's met the 15'setback requirement. 23.Mr.Morrision stated there would be no hardship on McDonald's in meeting the 15'requirement. 24.Ms.Luddy reiterated her hopes that McDonald's would aesthetically benefit,as would Apache Junction,by a compromise of a lower sign for the setback McDonald's desires. 25.Mr.Kelley commended the Board for its perfect attendance at both meetings his case has been presented. 26.Burfiend/Vaughn M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona, that a variance to Section 1606 of the city zoning ordinance for installation of a sign in case BA -11-82 be granted. "This variance shall be subject to the following conditions: 1.The front yard setback shall be minimum of five feet (5 1 ). 2.Height of the sign shall not exceed 35'. "The Board bases its decision on the following reasons: 1.No hardship on the citizens of Apache Junction is caused by this variance." The motion passed 4-3,with Mr.Berry,Ms. Luddy,and Mr.Morrision dissenting. 27.Chairman asked staff to continue with the next item of business. 28.Mr.Newcomer explained that the rewriting of the zoning ordinance has begun with the formulation of subcOmmittees assigned various portions of the ordinance.The Board has been asked to review and construct that portion of the ordinance addressing its powers and procedures.A recommendation from the Board would be appreciated within a two to three-month period. 29.Chairman adjourned the meeting by concensus,there. being no further business. Respectfully submitted, Executive Secretary Approved: