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HomeMy WebLinkAbout1983-06-13 BOA MINUTESPresent BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA JUNE 13,1983 7:00 P.M. MINUTES Absent Mr.Burfiend None Mr.Berry Mrs.Dunlop Mr.Morrison Mr.Browne Mrs.Luddy Mr.Vaughn,Chairman Mr.Gero,Executive Secretary Mr.Nakagawa,Staff Mrs.Samuelson,Recording Secretary Guests George Luddy James Costantino Synopsis Minutes dated May 9;:1983 -.Approved as amended BA -4-133 (Costantinb)-ContinuedAo July 11,1983: 1,Chairman 2.Mrs.Samuelson 3.Chairman 4.Berry/Luddy called the meeting to order and asked the recording secretary to call the roll. called the roll and determined that all members were present. asked for discussion of the Agenda;.there was none. He then called fora motion to approve theAgenda. 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 (7-0). 5.Chairman asked for discussion on the Minutes dated May 9,1983. 6.Mr.Gero: 7.Mr.Berry .Gero informed the BoardAhat they should be careful in approving the Minutes and read,them carefully.He added that they shoulthaccurately reflect what occurred at the meeting of May 9, 1983.. asked why the court reporter's minutes were not incorporated into these Minutes. replied that the Minutes presented to the Board have portions quoted and that they have sections that are summarized.He added that these Minutes were more complete than normal.He said the court reporter did not do a full tape of what actually occurred due to misunderstanding her instructions. He told the Board that the tapes of the meeting are available for them to listen to i f they are having problems with the text.He then said that probably all three versions will be subpoened and reviewed by the judge should the case go to court. 9.Mr.Morrison noted that some items.are missing from the Minutes. and that :this could cause a conflict. 10.Mr.Gero informed the Board that these are called "summary" minutes,not "verbatim."He expected each member to read the Minutes prior to the meeting and mark down any corrections,additions,or deletions to them to present at the meeting.He added that i f Page Two -Board of Adjustment Minutes -June 13,1983 11.Mrs.Luddy 12.Mr.Gero 13.Mrs.Luddy 14.Mr.Burfiend 15.Mr.Browne 16,Chairman 17.Mr.Gero 18.Mr.Burfiend 19.Mr.Gero 20.Mrs.Luddy 21.Chairman 22.Mr.Gero 23.Mrs.Luddy 24.Mr.Browne the Minutes are approved,they then become the "official"record of that meeting.He added that the applicant's attorney has been in and has looked at Minutes of other meetings of the Board and has looked for consistency of the Board actions or i f the Board acted arbitrarily, and capriciously in this case. commented that the Board is not on trial.She added she believed the question is i f the City or the inspector was at fault. stated that i t is the Board who was acting in an official City capacity. said she saw i t as who was the guilty party as far as the survey was concerned. she further commented that maybe the Board should listen to the tapes before approving the Minutes. stated that the verbal transcript of the tapes should be incorporated into the Minutes along with the transcript of the court reporter.He then made a motion: M "That the court reporter's minutes and full minutes on the tape recorder be in the Minutes of this meeting of May 9,1983,and that the Minutes be tabled until this is accomplished." seconded the motion. called for discussion of the motion. stated that the Minutes on the tape would be similar to the court reporter's and this action would tie up the Planning Department staff for at least a week and a half. felt that the Minutes should be verbatim. informed the Board that he may have to give 24 hours notice to the Board to approve the Minutes,i f so ordered by the Court.He added that the Board did not seek the advice of the staff prior to making the motion and that the Board should ask what the request will mean to the staff.He commented that since the City was served with notice that i t is being sued, it may be determined that not approving the Minutes could be seen as a "stall tactic." stated that i f these do not correspond with the tape i t could be a problem and they have to protect themselves. noted that some of the text was verbatim.He said that the Board has never had Minutes done verbatim. He added that Minutes could be approved and refer back to the tapes. commented that the summary Minutes and the tapes are to be preserved. stated that i f the court reporter did not get every word,the two could be combined. asked who hired the court reporter. 25.Mr.Gero replied that she was hired through the City Attorney's office. Page Three -Board of Adjustment Minutes -June 13,1983 26.Mr.Burfiend 27.Mr.Gero 28,Mr.Browne 29.Mrs.Luddy 30.Chairman 31.Mr.Browne 32.Mr.Burfiend 33.Chairman 34,Mr.Burfiend 35.Mr.Morrison 36.Mr.Gero 37.Mr.Burfiend 38.Mr.Gero 39.Mrs.Luddy 40.Chairman 41.Mr.Gero stated that i f they want to get the court reporter's Minutes and ours incorporated i t could not be viewed as stalling. commented that going into court is a very touchy situation,and i f the Board requests these Minutes to be verbatim,they may be setting a precedent where all future Minutes will have to be done the same way in case there is another court case. added that the Board is trying to keep itself from getting into a box. felt that the Minutes should be approved as "summary" Minutes and that the Board was overly -concerned. asked why they should request double Minutes. said that the Minutes of May 9,1983 could be accepted provided that the tapes are there to back the Board up.He added that the judge would be told that they are summary Minutes. He then withdrew his second of Mr.Burfiend's motion. stated he would withdraw his motion. asked i f there were any corrections,additions,or deletions to the Minutes. said Item #15,on Page 2,#3 -Application should contain an explanation:"For building permit; applied for,approved by the City and accepted by the owner by signature." Item #38,Page 6,first paragraph -Application- Zoning Clearance/Building Permit,should be in quotations to denote the form being referred to. stated that Item #8,Page 1 should be made clear that the City Attorney was present to assist the Board with any legal or procedural questions. said that the words,"the Board"would be inserted after "would assist". asked what other cases Mr.Gero referred to with a similar frontyard setback. stated one was off of Phelps on 4th Avenue at Sierra Entrada with a missing pin,which was on a previously approved subdivision. reminded the Board that there were going to be "scare tactics"used and that this case involved the issuing of a Stop Work Order and the work proceeding,the people moving into the house. asked i f there were anymore correction,additions, or deletions.He then called for a motion whereupon the Board requested staff to assist in wording the motion. suggested that i f the Board had the mind to approve the summary Minutes as such,that a reference be made to the tape recorded Minutes,and if wanted a reference to the court reporter's Minutes be made He said a motion could be made to the effect that the Board would approve the summary Minutes,as Page Four -Board of Adjustment Minutes -June 13,1983 42.Chairman 43.Mr.Burfiend 44.Chairman 45.Browne/Luddy 46.Mr.Gero 47.Chairman 48.Mr.Gero 49.Chairman 50.Luddy/Dunlop amended,directing the staff to retain the taped record in a secure place and that the Board realizes that the summary Minutes might be augmented by either the tapes of the Minutes of May 9,1983,or the transcript as prepared by the court reporter,or both,at the descretion of either the City or Mr. Ondrish or his attorney. asked i f that satisfied everyone. understood that whoever applied for the court reporter's records to be put into writing pays for them.He felt that the City should file a counter -claim against Mr.Ondrish for completing a building,after a Stop Work Order had been put on it,and allowing people to move into the property before the building had a final inspection. stated that he wanted to have the Minutes approved and did not want any personalizing done by the Board members.He called for a motion after asking the recording secretary to read back Mr.Gero's suggestion for the motion. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Minutes of May 9,1983,be approved as 'summary' Minutes,as amended in Items #38-40 of the Minutes of June 13,1983,and direct the staff to retain the taped record of May 9,1983 in a secure place, and that the Board realizes that these summary Minutes might be augmented by either the tapes of the Minutes of May 9,1983,or the transcript as prepared by the court reporter,or both,at the descretion of either the City or Mr.Ondrish or his attorney." The motion passed 6-0-1,with Mrs.Dunlop voting "present." informed the Board that the limited operating budget for the coming fiscal year for the Board of Adjustment and Planning and Zoning Commission was $1,000.00 for both.He said there is no contingency and asked the Board to be thrifty and to help keep costs down.He added that i f the Board had ideas for work to be done,they should ask how it will fit into the picture prior to ordering the work to be done. noted the case for public hearing BA -4-83 was being requested to be continued.He asked for staff briefing. informed the Board that the Planning Department had lost its draftsman who had done all the posting for the cases and due to his last day's schedule,he neglected to post this case and it was not caught until the case was being prepared for the meeting. He stated since i t does not meet the requirements for advertising and is prohibited by State Statute to be heard without proper advertising,he requested that the case be continued at the discretion of the Board. asked i f there was any 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 BA -4-83, request of James Costantino for a variance to the PageTive ,-BOard of Adjustment Minutes -June 13,1983 51.Chairman Respectfully submitted, Executive Secretary APPROVED: Bill Vaughn,Chairman Board of Adjustment frontyard setback from forty (40')feet to thirty-three .(33 )feet,be continued to _Monday, July 11,1983,at 7:00 p.m.,in these Chambers." The motion passed unanimously (7-0). there being no further business,the meeting adjourned at 7:50 p.m.