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HomeMy WebLinkAbout1983-07-11 BOA MINUTESPresent Mr.Burfiend Mr.Berry Mrs.Dunlop Mr.Morrison Mr.Browne Mr.Vaughn,Chairman Mr.Gero,Executive Secretary Mr.Nakagawa,Staff Mrs.Samuelson,Recording Secretary BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA JULY 11,1983 7:00 P.M. MINUTES Absent Synopsis Mrs.Luddy Guests James Costantino Ray Streib,Press Election of Chairman and Vice -Chairman Approval of Minutes dated June 13,1983 BA -4-83 (Costantino)-Denied Report of Ondrish Case -Continued until court decision 1.Mr.Gero asked the recording secretary to call the roll. 2.Mrs.Samuelson 3.Mr.Gero 4.Berry/Dunlop 5.Mr.Gero 6.Mrs.Samuelson 7.Mr.Gero 8.Chairman 9.Browne/Dunlop 10.Chairman 11.Mrs:.Samuelson 12.Chairman 13.Berry/Burfiend called the roll and noted that six members were present with one absent,as noted above.She informed the Board that Mrs.Luddy was out-of-town. stated that this was the first meeting of the budget year and the rules state that an election be held for Chairman and Vice -Chairman for the 83-84 term.He called for nominations for Chairman. M/S "I hereby nominate Bill Vaughn as Chairman for the 83-84 term." asked i f there were anymore nominations;there were none.He then called for a roll call vote. called the roll and the election of Mr.Vaughn as Chairman was unanimous (6-0). turned the gavel over to the Chairman. called for nominations for Vice -Chairman. M/S "I hereby nominate Mary Luddy as Vice -Chairman for the 83-84 term." asked i f there were anymore nominations;there were none.He then called for a roll call vote. called the roll and the election of Mrs.Luddy as Vice -Chairman was unanimous (6-0). asked i f there was any discussion on the Agenda; there was 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 (6-0). Page Two -Board of Adjustment.Minutes -July 11,1983 14.Chairman 15.Browne/Dunlop 16.Chairman 17.Mr.Nakagawa 18.Acting -Chairman 19.James Costantino 20.Acting -Chairman 21.Mr.Browne 22.Mr.Costantino 23.Mr.Morrison 24.Mr.Costantino 25..Mr.Morrison 26.Mr.Costantino asked i f there was any discussion or corrections, additions,or deletions to the Minutes of June 13,1983;there was none.He then called for a motion to approve the Minutes. MIS "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that the Minutes of June 13,1983,be approved as presented." The motion passed unanimously (6-0). opened the public hearing on BA -3-83,request for a seven foot variance from James Costantino.He asked for staff to brief the Board on this case.He then turned over the gavel to Mrs.Dunlo14 to act In his place as Chairman due to a possible conflict of interest. briefed the Board on the case stating that this was a request for a variance to a thirty-three foot frontyard setback from the required forty foot frontyard setback.He gave the background information. He added that the mobile on the lot is in conformance with the Zoning Ordinance,and that putting in a patio cover would encroach seven feet into the frontyard setback.He stated that the applicant is making reasonable use of his property now.and,that in the staff's opinion,he has not satisfied all three criteria needed for a variance.He said there are unique circumstances since there is a wash running through the property. asked i f the applicant wished to speak on this case. introduced himeslf as the applicant and owner of the subject property.He showed several pictures of the property -a front view,backyard,and wash area. - and added that the wash runs through his property diagonally.He stated that the government surveyor paid little attention to detail when dividing up the property.He said he has encountered problems' with the terrain features.He referred to two letters in the file and added that he originally had wanted the mobile placed seventy feet' back but after much study of the restrictions,this was the only place for it.He then gave a list of the improvements he has made to the subject property and what he intends doing in the future.He stated that he needs a patio cover to keep the sun off of the walls for energy conservation purposes,and he felt an awning would not do the job. asked i f there were any questions. asked i f the building next to the home was a garage and noted there was no awning. replied that it was a garage with a two foot overhang. asked how deep the wash is. replied that i t is five foot deep at the channel. stated that the wash could be changed. commented that the entrance and exit have to remain the same,but that the flow could be changed so i t would be kept as close as possible to nature. Page Three -Board of Adjustment Minutes -July 11,1983 27.Mr.Vaughn 28.Mr.Morrison 29.Mr.Vaughn 30.Mr.Browne 31.Acting -Chairman 32.Mr.Nakagawa 33.Mr.Browne 34.Mr.Gero 35.Mr.Burfiend 36.Mr.Gero 37.Mr.Vaughn 38.Mr.Morrison 39.Mr.Browne 40.Mr.Gero requested to speak on the case as a private citizen and stated that he had staked out the subject site to install the septic system.He commented that the mobile was located on the only logical place on the lot.He stated that the State Code was twenty-five feet from a septic and the County Code was fifty feet and that the County allowed him to place the mobile twenty-five feet from the septic. asked why the septic was not placed in front of the mobile. replied that there were Saguaro Cactus located in the front and he could not move them.He added that the mobile was also located the minimum allowable by the State Code. felt that the applicant was at the maximum now, and that he has complied with the regulations. He added that i f there was no more discussion,he would make a motion. asked i f there were anymore questions;there were none.She then asked for staff recommendation. stated that the applicant is making reasonable use of his property right now.He said that the question is one of justification and i f the awning should be allowed to encroach.He added that in staff's opinion,i t is not warranted. stated that he felt the applicant could not move the mobile either way,and to help conserve energy,he would recommend allowing the setback variance to put the porch on.. commented that the State of Arizona has not enabled the Board of Adjustment to act with regard to a variance to a timely convenience and good common sense.He gave the rules and stated that i f someone meets the test,the Board can grant a variance,and i f not,the Board cannot grant it.He added that i f this is an area of concern,the Board could send a letter to the City Council and ask them to take under advisement making comments to the State legislature.He stated that the Board must evaluate what has been said into the public record and consider the Zoning Ordinance,and must support a motion to approve with a statement of reasons and should cite the section of the Zoning Ordinance that grants their authority. commented that many places have septics and dry wells in the frontyard. asked Mr.Vaughn what his interpretation is of the Plant Act. stated that the owner could remove it,but he could not. added that i f anyone other than the owner does it, a permit and seal is needed. M/"to approve the seven foot variance in the front- yard." called for a point of order.He stated that a statement of reasons is needed and stipulations, i f any,are to be listed.He said that i t had to be stated how all three criteria were met,and the section of the Zoning Ordinance allowing action to Page Four -Board of Adjustment Minutes -July 11,1983 41.Mr.Browne 42.Acting -Chairman 43.Burfiend/Morrison 44.Acting -Chairman 45.Mr.Browne 46.Mr.Burfiend 47.Acting -Chairman 48.H Mrs.Samuelson 49.Mr.Costantino 50.Chairman 51.Mr.Gero 52.Chairman 53.Berry/Dunlop Respectfully suOitteg, fY1 be taken had to be stated.He said the Powers of the Board are in Section 2403.He added that they need to show the evidence that was introduced into the public record. after a ten minute recess,gave a statement of reasons from Section 2504 of the Zoning Ordinance,stating, "that the special circumstances do not prevail and that a seven foot awning will not hinder other property owners and will help the property owner."He said, "that by not adhering strictly to the regulations will help the resident and neighbors."He also stated that,"in granting such an application will not be detrimental or injurious to the property or surrounding owners."He stated that,"Article 2403(1) authorizes variance from strict application and that the applicant in his statement has complied with the requirements." asked i f there was a second to Mr.Browne's motion; there was none.The motion died due to lack of a second.She then asked i f anyone else wished to make .a motion. M/S "BE IT RESOLVED by the Board of Adjustment of the City of Apache Junction,Arizona,that a variance to Section 806,allowing a thirty-three (33')foot frontyard setback instead of the required forty (40") foot frontyard setback is hereby denied.The Board bases its decision on the following reasons: 1.Under existing conditions,the Board could not meet the necessary requirements to do otherwise." asked i f there was any. discussion .on. the motim asked for more detail for the denial. replied that no hardship exists as the subject property is the same as the rest of the land and the applicant has only met one of the three criteria needed. asked i f there was anymore discussion;there was none. She then called for a roll call vote. called the roll and the motion passed 4-1-1,with Mr.Browne dissenting,and Mr.Vaughn abstaining due to a possible conflict of interest. thanked the Board for their consideration .and for the . fair .hearing he had been given. noted the next agenda item was a Report on the Ondrish Case. stated that since there was a brief report given during the work session,he was asking that this item be continued until the court makes its decision at which time he will make a full report. there being no further business,called for a motion to adjourn. M/S to adjourn The meeting adjourned at 7:52 p.m. Lds, Joseph,W.Gero,Executive Secretary Page Five:-Board of Adjustment Minutes -July 11,1983 APPROVED: LothIA/tin \j./ VV oduBill1PaughnkChairman