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HomeMy WebLinkAbout1983-02-14 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA FEBRUARY 14,1983 7:00 P.M. MINUTES Present Mr.Burfiend Mr.Morrison Mr.Browne Mrs.Luddy,Vice -Chairman Mr.Vaughn,Chairman Mr.Gero,Executive Secretary Mrs.Samuelson,Recording Secretary Mr.Nakawawa,Staff Absent Guests Mr.Berry Mrs.Dunlop Synopsis BA -1-83 (Crossroads Southern Baptist Church -Variance)-approved Minutes dated January 10,1983 -approved Review of Board Procedures 1.Chairman 2.Mrs.Samuelson 3.Mr.Gero 4.Chairman 5.Mr.Gero 6.Burfiend/Browne 7.Chairman 8.Burfiend/Browne 9.Chairman 10.Mr.Gero Andy Grenya Carroll Leslie Jimmy Eidson called the meeting to order and asked the recording secretary to call the roll. called the Toll and determined that five members were present and two were absent,as indicated above. informed the Board that Mr:Berry was ill and Mrs. Dunlop had another commitment. turned the meeting over to the Executive Secretary for election of officers. informed the Board that with the resignation of Mr. Jessamine,the rules provide that the Board must now hold an election to fill the Chairmanship.He then called for nominations to fill the Chairmanship with the term to end in June,1983. MIS "I hereby nominate Mr.Vaughn as Chairman." The motion passed (3-1-1)with Mr.Morrison dissenting and Mr.Vaughn voting "present." after receiving the gavel,called for nominations for Vice -Chairman. M/S "I hereby nominate Mrs.Luddy as Vice -Chairman." The motion passed unanimously (5-0). called for discussion on the Minutes dated January 10, 1983. requested that the Minutes be deferred until after the public hearing since Mr.Eidson was present as a private citizen on the case before the Board and had to be at a City Council work session. Page 2 -Board of Adjustment Minutes -February 14,1983 11.Chairman 12.Mr.Gero 13.Chairman 14.Carroll Leslie asked i f there was any objection;there was none.He then asked staff to brief the Board on the public hearing case,BA -1-83,a request for a variance from Crossroads Southern Baptist Church in Section 27. briefed the Board on this case stating that the applicant has developed the main sanctuary of the subject church and because of growth to the church program,he is desirous of adding,in stages,office space and edu- cational facilities.The applicant is requesting a variance from Article 8,Section 801 (c)of the Apache Junction Zoning Ordinance where the applicant is currently required to maintain a fifty (50')foot setback from the property line.The variance would apply to the north and east side of the property,and would allow a set- back of twenty-five (25')feet.The applicant would be subject to all on -site parking requirements.He added that the Board of Adjustment is permitted to grant the variance i f the applicant satisfactorily presents evidence as required by Section 2504 of the Zoning Ordinance.He stated that the applicant had submitted written response which was received on January 28, 1983,and is part of their Board packet. asked i f there were any questions;there were none. He then asked i f the applicant or a representative was present to speak on the request. introduced himself as a member of the church and stated he was a member of the building committee.He read the letter of January 28,1983,into the record from Clovis Hibbard,pastor: "a.Our church is located on 41/2 acres of land that can be utilized for our rapid growing church i f used properly.There is a wash about the middle of the property and the low area next to the wash can provide parking,etc..The slope of land from the north side to the wash is over ten (10')feet.The wash and flood area forces us to use the north part of our property to the fullest advantage for buildings. b.A study made by the Church Architecture Department of our denomination revealed that we could build and provide parking for 500 to 600 people on this parcel i f the land is properly used. In the use of the higher elevation for needed buildings and future expansion there is a need to change the east and north set back line.We would like to have the side set backs changed from fifty (50')feet to twenty-five (25')feet. c.The topography of our property lends itself to the present layout,the buildings being on the higher elevation to the north side of our property and the parking being in the lower elevation to the south.The parking is away from the residential area and most of the traffic will come and go from Highway 60 which joins our property on the south. The noise of the present assembly will be buffered by the construction of adjoining building which will house offices and educational space and should not have an adverse impact on the adjacent area." Page 3 -Board of Adjustment Minutes -February 14,1983 15.Chairman 16.Mr.Leslie 17.Chairman 18.Mr.Leslie 19.Chairman 20.Andy Grenya 21.Mr.Gero 22.Chairman 23.Mr.Grenya 24.Chairman 25.Mr.Gero 26.Jimmy Eidson 27.Mr.Gero 28.Chairman 29.Mr.Leslie asked i f the building will replace the trailer that was being used under a temporary permit. replied that the first building would be built to the east and the second building,to be constructed at some future date,on the north,would replace the trailer. asked why they were requesting a variance on both the east and north sides. replied they would like to get both at once to eliminate going through the process again. asked i f there were anymore questions;there were none.He then asked i f there was anyone present to speak in favor;there was no one.He asked if anyone was present to speak in opposition. introduced as the owner of the parcel located northeast of the church and stated that he had to give up sixty-six (66')feet of roadway easement when he applied for a building permit and was told it was no use to apply for a variance and he saw no reason for the church to be able to get one i f he could not.He asked what effect this will have on a road going through. stated that the church has already agreed to dedicate the right-of-way from the new property line,not the original property line. asked i f there were any questions. stated that when he wanted to move his house,he was informed that it would be too close to the road. informed him that i f he had a problem with the building permit he had the right to come before the Board to ask for a variance and that under the State Statutes, and the Zoning Ordinance he had that right. stated that he was not familiar with Mr.Grenya's case and at times the staff may give advice and offer suggestions to save time and money for the applicant, but the final decision was up to the applicant.He informed the Board that Mr.Eidson was present and that the church is ready to execute a quit -claim deed. informed the Board that he has been empowered to act on behalf of the church and could execute the quit- claim immediately. said that the dedication of public right-of-way for roadway and associated purposes gives the City fee title to property and that the easement is part of lot owned by the church and that they have already signed a future improvements agreement. asked i f there was any rebuttal. reaffirmed that the building will not create more noise and that the educational building to the east will act as a buffer zone. 30.Chairman asked for staff recommendation. Page 4 -Board of Adjustment Minutes -February 14,1983 31.Mr.Gero 32.Chairman 33.Mr.Gero 34.Mr.Eidson 35.Mr.Gero 36.Mr.Eidson 37.Mr.Gero called attention to the letter previously mentioned and read into the record.He added that staff recommended approval since the applicant has responded to and met the three criteria. closed public hearing and opened the matter to Board discussion.He then asked for the setbacks on shopping centers or big commercial areas in the City. informed the Board that in CB -2 it was fifteen (15') feet on the front,none on the side and ten (10') feet on the rear. noted that all traffic will come in on Starr Rd.and park to the south and southwest of the church and that Vaquero will have very little traffic. stated that i f a request for abandonment of the road- way is requested it must be requested by all the adjacent neighbors. said that the church did not favor abandonment of the roadway. informed the Board that once a roadway is dedicated the process for abandonment was very difficult as the entire process changes. 38.Chairman asked i f the Board could grant a reduction in the variance. 39.Mr.Gero replied that the Board could grant a reduction in the request i f i t saw no need for the variance at part of the location at the present time. 40.Mr.Browne asked i f the dedication was complete and in the file. 41.Mr.Gero stated that he had talked to Mr.Eidson a week ago and had been out of town otherwise the paper work would have been done and in the file.However,a condition of the Board would require its execution. 42.Chairman after Board discussion,he called for a motion. 43.Luddy/Morrison M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that a variance to Section 801 (c)allowing setbacks on the north and east side of the subject site to be reduced from fifty (50')feet to twenty-five (25')feet is hereby approved. The following stipulations shall be conditions of the variance: 1.The applicant shall meet all other zoning ordinance and other applicable city and county requirements. 2.Applicant shall dedicate the right-of-way easements on the west,north and east sides of the subject property to the City for public right-of-way purposes. The Board bases its decision on the following reasons: 1.Section 2403 (1)of the zoning ordinance authorizes the Board of Adjustment to grant variance and Section 2504 sets forth the minimum evidence required before the Board may grant a variAnce. 2.In response to Subsection (a),Section 2504,the evidence is as follows: Page 5 -Board of Adjustment Minutes -February 14,1983 44.Chairman 45.Burfiend/Browne a.There are special circumstances or conditions applicable to the property referred to in the appli- cation which do not prevail on other property in that section. b.That the strict application of the regulations would work an unnecessary hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights. c.That the granting of such application shall not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighbor- hood." The motion passed 3-2,with Mr.Burfiend,and-Mr.Browne dissenting. asked for discussion on the:MinutesAated January 10, 1983;there was none.He -then:called ,for a motion.. MIS "BE.IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Minutes dated January 10,,1983,be approved .as written.' The motion passed 4-0-1,with Mr.Vaughn voting "present" due to his absence at :that meeting. 46.Chairman moved to the next Agenda item - Board Procedures and asked the staff to present this item. 47.Mr.Gero 48.Mr.Burfiend 49.Mr.Gero 50.Chairman stated that since there were two members absent,he would just briefly go over the procedures of the Board of Adjustment and offered his perspective.He stated that when there is a letter presented as part of the case,i t should be mentioned,and if appropriate, included in the motion.He said that motions should be worded very carefully.He added that the Board members should be very careful not to express their "personal"viewpoints or opinions and that no heresay items should be introduced.He added that any opinion must be defended by expertise when making a statement. He then gave some recommendations to the Board on procedures and stated that for financial hardship cases,the Federal Guidelines could be used for low income housing and that staff could be requested to get a financial statement according to HUD standards. This would be cumbersome,however. stated that the rules and regulations for choosing Board members should look at experience and quali- fications. informed the Board that they perform a necessary and vital role.He then asked them to carefully read the A.R.S.before the next meeting and also the zoning ordinance and to come up with a draft on how the Board operates for the next meeting.He said one of the agenda items for the next meeting would be Board rules in regards to the zoning ordinance.He then discussed techniques. asked i f theremas'any further business;there was none.The meeting then adjourned by consensus at 8:48 P.M. Respectfully submitted,APPROVED: )ephos" W.Gero, Executive Secretary aBillVaughn,ChairmanL/