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HomeMy WebLinkAbout1982-11-08 BOA MINUTESPresent Mr. Mr. Ms. Ms. Mr. Mr. Mr. Mr. Ms. Mr. Mr. Mr. BOARD OF ADJUSTMENT SPECIAL MEETING 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 8,1982 7:00 P.M. Absent Burfiend None Berry Dunlop Luddy Morrison Vaughn,Vice Chairman Jessamine,Chairman Gero,Executive Secretary LeCount,Recording Secretary Newcomer,Staff Frazier,Staff Nielsen,Staff Guests Rory J.Kelley Mikki Frazier Jim Tuvell,City Manager Council Wendell Clarke,Mayor Thomas Damiano,Councilman Hank Steelsmith,Councilman Jimmy Eidson,Councilman Marie Shanks,Councilman Synopsis Review of Board of Adjustment Action of November 1,1982 (BA -11-82) 1.Chairman 2.Ms.LeCount 3.Chairman 4.Mr.Gero 5.Chairman 6.Mr.Vaughn 7.Mr.Gero 8.Mr.Vaughn 9.Mr.Gero called the meeting to order and asked the recording secretary to call the roll. called the roll determining all members were present. directed the executive secretary to present the business of the evening. read the legal opinion of the city attorney dated November 3,1982,and asked i f there were questions concerning its content. asked council members present i f they had comment as ex -officio Board members.There were no comments. asked for verification that this meeting was to review procedural aspects of the case only. responded that this was not a public hearing;to reopen the public hearing would require direction to the staff to readvertise and proper notice requirement met.Suggested the Board decide i f it wants to re- consider action taken on BA -11-82,which is what the city attorney recommends.To do so,a member of the prevailing side of the vote would have to make a motion to reconsider the original motion;this would require a second.Then,i f approved,the original motion would be re -voted. asked i f the original motion were brought forward for reconsideration could changes be made to i t and action taken without another public hearing. answered that the Board could revise the original motion and vote on the revised motion without a public hearing. Page 2 -Board of Adjustment Minutes of November 8,1982 10.Chairman expressed the opinion that reasons for the Board's decision were lax and asked i f the reasons could be amended and the motion left as i t is. 11.Mr.Gero stated this would be possible following bringing the original motion back before the Board. 12.Mr.Berry stated another alternative is to readvertise and "start from scratch." 13.-Mr.Gero . 14.Vaughn/Burfiend 15.'Mr.Gero! 16.Mr.Vaughn 17.,Mr; 'Gero 18.Burfiend/Vaughn 19.Mr.Tuvell 21I.,Mr.:Gero , -21;Berry/Luddy instructed that a motion to reconsider would still be in order. MIS "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the motion in case BA -11-82 be considered." The motion passed 5-1,with Mr.Burfiend dissenting. read the original motion as i t now appeared before the Board: "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 instal- lation 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 :a minimum- of 5' 2)The 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." suggested the Board compose an entirely new motion based on information obtained during the public hearing of this case. pointed out that i f the motion were to be withdrawn, as Mr.Vaughn suggested,the original maker and the original second must be the ones to withdraw the Motion. withdrew their original motion and second. noted,that in all fairness to the applicant,i f the Board is considering making a motion that is sub- stantially different than that one passed at the November 1 meeting,then the Board should have another public hearing. supported the city manager's suggestion of another public hearing not only in fairness to the applicant, but because the building permit for the main structure had expired and McDonald's is in the process of obtaining a new permit,the corporation would have time to respond. M/S "BE IT RESOLVED by the Board of Adjustment of the city of Apache Junction,Arizona,that a new P4ge 3 - BOrd of•Adjustment Minutes of November 8,1982 22.Chairman iRespectfully submitted, Joseph W.Gero Executive Secretary Approved: public hearing for case BA -11-82 be schedUled for jMonday,December 6,1982,at:7:00'p.m,,iitthe City Council Chambers. The: motion passed 5-1,with Mr.Vaughn dissenting. adjourned theAleeting ,by concensus,there being no further business.