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HomeMy WebLinkAbout1983-04-11 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA APRIL 11,1983 7:00 P.M. MINUTES Present Absent Mr.Burfiend Mr.Morrison Mr.Browne Mrs.Luddy Mr.Vaughn,Chairman Mr.Gero,Executive Secretary Mr.Frazier,Staff Mr.Nakagawa,Staff Mrs.Samuelson,Recording Secretary Mr.Berry Mrs.Dunlop Guests Anne Vader John Pihajlic George Luddy Councilman Jimmy Eidson Hazel Eidson Synopsis Minutes dated March 14,1983 -Approved as written BA -34-79 (Pihajlic/Vader)-Nine month temporary permit Review of Board Procedures -Discussion 1.Chairman 2.Mrs.Samuelson 3.Chairman 4.Luddy/Browne 5.Chairman 6.Luddy/Browne 7.Chairman 8.,Mr.Nakagawa renewal -Approved called the meeting to order and asked the recording secretary to call the roll. called the roll and determined that five members were present with two absent as noted above.She informed the Board that Mr.Berry was still ill and Mrs.Dunlop had a prior commitment. stated that he had spoken to Mr.Berry and had been told that he would try to be at the May meeting.He then asked i f there were any questions or comments on the agenda;there were none.He then called for a motion to approve the agenda. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Agenda be accepted as presented." The motion passed unanimously (5-0). asked i f there were any corrections or additions to the Minutes of March 14,1983;there were none.He then called for a motion to approve the minutes. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Minutes of March 14,1983 be approved as written." The motion passed unanimously (5-0). opened the public hearing on BA -34-79,renewal of temporary permit for John Pihajlic and Anne Vader. He asked the staff to brief the Board on this case. briefed the Board stating that the renewal of a temporary permit has been requested to allow the applicants to place two mobile homes on a single property at the southeast corner of West Shiprock and North Grand Drive.He stated that since the original permit was issued in 1979,nothing much had changed in the way of circumstances.He added that staff was requesting three additional conditions on the permit. Page 2 -Board of Adjustment Minutes -April 11,1983 9.Chairman asked i f the applicant was present to speak on the case. 10.Anne Vader 11.Chairman 12.Mrs.Vader 13.Mr.Gero 14.Chairman 15.Mr.Gero 16.Mr.Frazier 17.Chairman 18.Browne/Morrison introduced herself as one of the applicants and stated that her father didn't need a nursing home.She added that she was taking care of his daily needs, and that due to his general poor health,she wanted him to be near to her.His health problems include he has had eye operations and does not see well. asked i f there was anyone else living in the trailer. replied that he lives there alone,but now has a visitor there from Michigan. showed the Board a slide of the subject property. asked i f the Board had any questions;there were none.He then asked i f there was anyone present to speak in favor of the application;there was no one. He asked i f anyone was present to speak in opposition; there was no one.He asked staff for its recommen- dation. stated that the staff had no objection based on the information presented and recommended the continuance of the previous permit.He added that i f the Zoning Ordinance Rewrite Committee comes up with a permit process,the renewal before the Board may be eliminated. stated that i f there were no changes in the cir- cumstances,and the Ordinance gets finalized,the permit can be renewed by application only. asked i f there was any Board discussion;there was none.He then called for a motion. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that a nine (9)month renewable,and revocable permit be granted to the applicants in Case BA -34-79,as a renewal to the permit originally issued on August 21,1979.to permit two (2)mobile home units on the subject property.The Board is authorized to grant such a permit by Section 2403 (h)of the City's Zoning Ordinance. The following conditions are imposed upon said permit: 1.Only the father will occupy the second unit. 2.This permit shall become null and void upon the sale,lease,or rental of the subject property. 3.Applicant shall,by December 1,1983,submit a letter requesting a renewal of this permit along with .a letter from the father's physician attesting to the need for the daughter to attend to the father's living needs. 4.Applicant shall,by December 1,1983,submit a list of property owners within 300'feet of the subject property from Pinal County's most recent Tax Assessor's Maps and tax rolls. 5.This permit expires on January 21,1984,unless renewed prior to that date. The Board bases its decision on the following reasons: 1.Conditions of the original permit have been complied with. 2.The applicant has demonstrated need for a permit renewal." Page 3 -Board of Adjustment Minutes -April 11,1983 19.Chairman 20.Mr.Gero 21.Mr.Frazier 22.Mr.Gero 23.Chairman Respectfully submitted, The motion passed unanimously (5-0). stated that he believed there had been a dis- cussion previously that on a renewal,a form of the original Board action should be included in the packet. He then asked for staff comments on Review of Board Procedures. stated that the Board is very important in the community.He said that the Board is empowered to allow for variances and application of rules to unusual circumstances.He added that an abnormal circumstance could be that the land was hard to develop.He stated that in Planned Development, there are no conventional setbacks and this allows freedom to design.He said another circumstance that must be present is that i t created a hardship. He gave several examples of variances and circum- stances warranting variances.He said that the Board can only be appealed to the Superior Court and that the State supplies the rules restricting the operation of the Board and allows for no flexability.He added that the City has to accept cases,that the Board has an obligation to hear the case and to make a determination.He said that i f the Board has no jurisdiction,they should state this,and if appealed that Superior Court will determine i f an error was made. said the court decides i f the Board was wrong or i f the conditions were self-imposed by the applicant. He added that i f a case goes to court it doesn't necessarily mean that the Board has done anything wrong.He said the court will either uphold the Board's decision or send i t back to the Board to look at the case again.He said the Board will lack jurisdiction i f there is no legislation to hear the case. informed the Board that they should state their authority from the Zoning Ordinance and the ARS to show the source of jurisdiction.He then gave some examples of past situations.He said the lay of the land may be a reason for consideration of a variance,but not the price of the land.Land know- ingly bought in a flood zone is not a reason for a variance.He said that economic loss is no reason, and neither is sympathy toward the applicant. after a general discussion of the Board's procedures stated that the Zoning Ordinance Provisions would be taken up at a future meeting. The meeting adjourned by consensus at 8:16 p.m. Joseph W.Gero,Executive Secretary VED: Bill Vaughn,Chairman