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Home My WebLink About1983-03-14 BOA MINUTESPresent BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA MARCH 14,1983 7:00 P.M. MINUTES Absent Guests Mr.Burfiend Mr.Berry Mrs.Dunlop Mr.Morrison Mr.Browne Mrs.Luddy Mr.Vaughn Mr.Gero,Executive Secretary Mr.Nakagaw ,Staff Mrs.Samuelson,Recording Secretary Synopsis Minutes dated February 14,1983 -Approved BA -2-83 (Ryan -Variance)-Approved Open Meeting Law Discussion Discussion of Zoning Ordinance Provisions 1.Chairman 2.Mrs.Samuelson 3.Mr.Gero 4.Chairman 5.Mr.Burfiend 6.Mr.Gero Thomas Ryan Annie Ryan George Luddy Jimmy Eidson called the meeting to order and asked the recording secretary to call the roll. called the roll and determined that six members were present with one absent,as noted above. informed the Board that Mr.Berry has been ill. appointed Terry Browne to the Zoning Rewrite Committee to fill the vacancy which occurred when Mr.Burfiend resigned.He asked for discussion of the Minutes dated February 14,1983,or a motion to approve. stated that the evidence presented on Page 5 of the Minutes was not sufficient,as area was the same as the rest of the City. informed the Board that the Minutes reflected what had been said at the last meeting,and that i f there is a problem with the way a motion is worded,i t needed to be an agenda item to amend it.He added that any agenda item should have been called in and that a 24 hour notice is needed so the agenda can be posted.Any motion to reconsider a motion can only be raised by the prevailing side. 7.Chairman asked that on future agendas,approval of the agenda be one of the items. 8.Mr.Gero stated that there are certain areas of the city where the topography does roll,making the area "unique"by creating a hardship,even though i t does not differ from many other areas in the city. 9.Chairman asked for anymore discussion on the Minutes;there was none.He then called for a motion. 10.Luddy/Browne M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the minutes dated February 14,1983,be approved as written." The motion passed 4-0-2 with Mrs.Dunlop and Mr. Burfiend voting "present." Page 2 -Board of Adjustment Minutes -March 14,1983 11.Chairman 12.Mr.Gero 13.Chairman 14.Mr.Gero recognized the presence of Councilman Jimmy Eidson.He then asked for staff briefing on BA -2-83,request for a variance to the frontyard setback from forty (40')feet to twenty-two (22')feet by Thomas and Annie Ryan. briefed the Board on the case,stating that the applicant had set-up a mobile home on the subject site about four years ago,and since then has lived in a mobile home on the adjoining lot to the west,which he also owns.He came to the Zoning Administrator's office to see i f the structure,on the subject site,met the City's setback requirements.It was at this time that he learned that his unit did not conform to the City's Ordinance.Staff has field -checked the site and found two significant drainage washes running through the property.He added that there is really no other area for the mobile home set-up there,than where i t presently is. asked i f the City has any set distances a dwelling unit can be located from a wash. replied that there were none.It,however,cannot be in a Flood Zone A,as determined by the Federal Management Emergency Agency. 15.Chairman asked if the applicant was present to speak on the request. 16.Thomas Ryan introduced himself as one of the applicants and stated that they were going to sell the subject property and wanted to make sure that the mobile home was located legally on the land before the sale.He added that the sale was contingent on acquiring the variance. 17.Chairman asked i f the mobile home on the subject property was going to be replaced. 18.Mr.Ryan 19.Mr.Gero 20.Chairman replied that the mobile on the lot stays there and will be sold with the lot.He added that there are no current plans to replace the mobile home with a new one. stated that to clarify the matter,the real estate in- volved in the sale thought the trailer might have to be moved.He added that the issue is whether or: not a trailer should be twenty-two (22')feet from the front setback. noted that Section C of the applicant's evidence letter states "new dwelling,"and i f the variance is granted he asked what will happen. 21.Mr.Gero replied that the variance runs with the land. 22.Mr.Burfiend 23.Mr.Gero 24.Chairman 25.Annie Ryan 26.Chairman inquired i f the applicant had considered a road abandonment. replied the eastern roadway,not the front.He added that an abandonment would take about three months. asked if there was anyone to speak in favor of this case. introduced herself as one of the applicants and stated that they were not selling the property to make a profit; that they needed to get rid of it.She told the Board of the problems they had with getting an address for the property. asked i f there was anyone else to speak in favor;there was no one.He then asked i f anyone wished to speak in opposition;there was no one.He then asked for staff recommendation. 27.Mr.Gero stated that the staff has no opposition to the request. He added that the statement of evidence was attached and that the topography of the land is a legitimate reason for requesting a variance. Page 3 -Board of Adjustment Minutes -March 14,1983 28.Chairman asked if there were anymore questions or any discussion; there were none.He then called for a motion. 29.Luddy/Dunlop "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that a variance to Section 806, allowing a frontyard setback on the south side of the subject site to be reduced from forty (40')feet to twenty-two (22')feet is hereby approved. The following stipulations shall be conditions of the variance: 1.The applicant shall meet all other zoning ordi- nance and other applicable City and County requirements. 2.The applicant shall dedicate the right-of-way easements on the south and north side of the subject property to the City for public right-of- way and associated purposes. 3.Applicant shall either,within sixty (60)days, apply for an abandonment of the easement on the east side of the subject property,or shall dedi- cate said easement to the City for public right- of-way and associated 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 variances,and Section 2504 sets forth the minimum evidence re- quired before the Board may grant a variance. 2.In response to Section 2504,the evidence is as follows: A.There are two washes running through the sub- ject site making the strict application of regulations an unnecessary hardship. B.As the dwellings of the area are widely _ spaced,the granting of this variance will not affect the health or safety of persons residing in the neighborhood. C.The applicant has submitted a statement of evidence as per Section 2504 as follows: a.TOPOGRAPHY.On this property there is a large wash on the west side and smaller wash on the north side,limiting place- ment of a dwelling unit. b.The strict application of the regulation would work an unnecessary hardship as there is no other suitable site for a' dwelling unit on the property.Also, there are existing water lines,septic tank,and leach lines that were placed on this property years ago in anticipation of a dwelling unit on this property. c.As dwellings in this area are widely sep- arated,the variance required would in no way affect the health or safety of persons in the area.A new dwelling on this site would not be detrimental to public welfare,but,could only add to the property value of the neighborhood." After some discussion,the motion passed 4-2,with Mr. Burfiend and Mr.Vaughn dissenting. -Page 4 -Board of Adjustment Minutes -March 14,1983 30.Chairman 31.Mr.Nakagawa 32.Chairman 33.Mrs.Luddy 34.Chairman Respectfully submitted, Joseph asked i f there were any questions not covered at the Board's work session on the next agenda items,Open Meeting Law;there were none.He noted that everyone had been given a copy of the Law and should read i t through.He then moved to the next agenda item,Review Zoning Ordinance Procedure.He asked staff for direction on this item. stated that staff was soliciting information from the Board on how i t thinks i t should operate. asked Mrs.Luddy to brief the Board on •v,that the Zoning Rewrite Committee has done to date. stated that nothing has happened with the Board's seg- ment of the Ordinance.She added that the committees are waiting to see what the Board recommends. said that the Board needs a special work session with nothing else on the agenda to discuss the Zoning Ordinance and with a general discussion on rules.After some general discussion on this subject,the Board ad- journed by consensus at 7:58 P.M. W.Gero,Executive Secretary APPROVED: Bill Vaughn,Chairman