HomeMy WebLinkAbout1983-08-08 BOA MINUTESPresent
BOARD OF ADJUSTMENT
CITY COUNCIL CHAMBERS
1001 NORTH IDAHO ROAD
APACHE JUNCTION,ARIZONA
AUGUST 8,1983
7:00 P.M.
MINUTES
Absent
Mr.Burfiend Mr.Vaughn
Mr.Berry
Mrs.Dunlop
Mr.Morrison
Mr.Browne
Mrs.Luddy,Acting Chairman
Mr.Nakagawa,Acting Executive Secretary
Mrs.Samuelson,Recording Secretary
Guests
Jimmy Eidson
Norma Corsi
Mr.& Mrs.Howard Boso
George Luddy
Synopsis
Minutes dated July 11,1983 -approved as written.
BA -23-80 (Boso)-Special Use Permit Renewed for One Year.
BA -4-81 (Corsi)-Temporary Permit Renewed for Nine Months.
1.Chairman
2.'Mrs.Samuelson
3.Chairman
4.Berry/Burfiend
5.Chairman
6.Dunlop/Berry
7.Chairman
8.Mr.Nakagawa
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.
She informed the Board that Mr.Vaughn was ill.
asked i f there was any discussion on the Agenda;
there was none.She 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 5-1,with Mr.Browne dissenting.
asked i f there was any discussion on the Minutes
of July 11,1983;there was none.She then called
for a motion.
M/S "BE IT RESOLVED by the Board of Adjustment
of the City of Apache Junction,Arizona,that the
Minutes of July 11,1983 be accepted as presented."
The motion passed 4-1-1,with Mr.Browne dissenting,
and Mrs.Luddy abstaining due to her absence at
that meeting.
opened the public hearing on the first case
BA -23-80 and asked for staff briefing.
stated that this was a special use permit renewal
request from Mr.Howard Boso which was originally
obtained in 1977 from Pinal County for an auto
repair garage.He added that annual extensions
have been given since 1980.He said that no
written complaints have been received.He said
that the conditions listed on the Case Summary
are the originals as adopted in 1980 with the
addition of #7,#8,and #9.He added that the
staff has no objection to the renewal.
9.Chairman asked i f there were any questions of the applicant.
Page Two -Board of Adjustment Minutes -August 8,1983
10.Mr.Browne asked i f he intended to open a body and paint
shop in the near future.
11.Howard Boso replied that he was doing auto repair only.
12.Mr.Morrison
13.Mr.Boso
stated that the applicant was supposed to put
up screening fence to close off the area and
he had driven by the subject property and could
see everything in the yard.
stated that a fence was erected from the corner
of the garage to the front to cover the area
he was instructed to cover.He added that one
can see the cars he collects,but not the junk
cars which are out of sight.
14.Mr.Morrison felt that this special use permit could just
keep on being renewed forever.
15.Mr.Burfiend
16.Mr.Boso
17.Mrs.Dunlop
18.Mr.Boso
19.Mr.Berry
20.Mr.Boso
21.Chairman
22.Mr.Berry
23.Mr.Nakagawa
24.Chairman
25.Mr.Browne
stated that unless there was a decision that
the activities were a public nuisance or a safety
hazard,the permit can be renewed indefinitely.
He then asked Mr.Boso i f the parking of cars
was on his property and i f there were any changes
in the fence.
replied that the cars were parking on his property
and that there is a corregated fence surrounding
the work area,as ordered.
asked i f he had received approval of the City for
the fence.
replied that the City had drawn up the plans and
that is where he put the fence,as shown.
asked i f the garage was used for anyone's auto
repair and i f he had plans to enlarge the operation.
replied that he did auto repair for the general
public and had no plans to enlarge.He added
that he operates the business himself.
asked i f there was anyone present to speak in
favor of the case;there was no one.She then
asked i f there was anyone to speak in opposition;
there was no one.
asked i f the neighbors had been notified of the
hearing.
replied that the property had been posted as
required.
asked for Board discussion.
stated that since Mr.Boso has complied with the
regulations since 1977,they should issue a
two year permit instead of on a year-to-year basis.
26.Mrs.Dunlop added that they can issue i t for an indefinite
time unless objected to by the neighbors.
27.Mr.Berry stated that the pattern was established by law
and that the Board does not have the power to
change it.
28.Mr.Morrison asked what kind of license Mr.Boso needs to
operate.
Page Three -Board of Adjustment Minutes -August 8,1983
29.Mr.Nakagawa
30.Chairman
31.Burfiend/Dunlop
stated that he has a business license,but was
unaware of any others.
asked i f there was any further discussion;there
was none.She then called for a motion.
M/S "BE IT RESOLVED by the Board of Adjustment
of the City of Apache Junction,Arizona,that a
twelve-month extension of BA -23-80 allowing an
auto repair garage at 1536 W.Roundup Street is
hereby approved.
The following stipulations shall be conditions
of the permit:
1.The approval would be granted on a year-to-
year operation with extensions,provided that
nuisance complaints are not filed.Upon
receipt by the City of Apache Junction of a
written complaint filed against Mr.Boso's
auto repair service,Mr.Boso will be duly
notified and will be given the opportunity
to be heard on the matter.The Board of
Adjustment may refuse to grant future extensions
of Pinal County SUP -59-77 based upon written
complaints.
2.The approval of use cannot be transferred to
another person without a hearing and Board of
Adjustment approval.
3.This approval is for car repair only,and does
not include body or fender work.
4.The location As to be lkept in a clean order and
"junk"automobiles will not be permitted.All
parking shall be on the owner's -.property_and•
any signs shall be approved by the City Zoning
Administrator.
5.The work area shall be surrounded by a screening
fence of 5'foot to 6'foot in height to conceal
activity from any and all neighbors.The
applicant shall determine what is the work area
and erect the screening fence accordingly
to be inspected by and to meet the approval of
the City Building Official.
The fence on the east side of the property shall
be permitted to remain it'foot in height with
shrubbery as additional screening,unless
complaints are made against same.
The applicant shall be permitted a period of
one (1)year to erect the fence and meet the
requirements as indicated above.
6.Any provisions contained in the City Zoning
Ordinance which are applicable to property
located in a CB -2 zone and which does not-
conflict with the special requirements,as set
forth in this resolution,shall also be
applicable.
7.The applicant shall notify the City of Apache
Junction Planning Department,in writing,of
his desire to have his permit renewed for
another twelve months by May 5th of each year.
8.This permit expires on August 8,1984, unless
renewed prior to that date.
Page Four -Board of Adjustment Minutes -August 8,1983
32.Chairman
33.Mr.Nakagawa
34.Chairman
35.Norma Corsi
36.Chairman
37.Mr.Browne
38.Mr.Nakagawa
39.Chairman
40.Burfiend/Berry
9.Failure to comply with the provisions as
set forth in this resolution shall result in
the discontinuance of the special uses
granted to Mr.Boso by Pinal County SUP -59-77."
The motion passed 5-1,with Mr.Morrison dissenting.
opened the public hearing on the next case,
BA -4-81,and asked for staff briefing.
stated that this is a temporary permit nine -month
renewal to place two mobile homes on one lot
which was originally granted in 1981.He said
that the conditions have been complied with and
that the staff has no objection to the renewal.
He added that #5 and #6 have been added as
conditions to the renewal.
asked the applicant to speak on the case.
stated that nothing has changed since the last
renewal.She gave Mr.Nakagawa a copy of
her mother's pension check.
asked i f there were any questions;there were none.
She then asked i f anyone wished to •speak in favor
of this case;there was no one.She then asked i f
anyone wished to speak in opposition;there was
no one.She then called for Board discussion.
asked why the renewal could not be given for
one year instead of nine months.
replied that it would take a change in the Ordinance.
asked i f there was any more discussion;there was
none.She 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 renewal of BA -4431 is hereby
approved.
The following stipulations shall be conditions of
the permit:
1.Only the applicant's mother may reside in
the mobile home.
2.The permit shall be good for a period of
nine (9)months.Before the end of the nine
month period,the applicant,i f desirous of
renewing the permit,must notify the Board
and appear before the Board to present evidence,
satisfactory to the Board,showing that renewal
of the permit is justified.
The applicant shall request,in writing by
March 15,1984,the renewal of the permit.
3.All other requirements of the City Zoning
Ordinance shall be complied with.
4.All applicable regulations of other agencies
having jurisdiction shall be complied with.
5.This permit expires on May 31,1984,unless
renewed prior to that date.
6.The permit shall cease to exist i f the
applicant sells or transfers the property."
The motion passed unanimously (6-0).
Page Five -Board of Adjustment Minutes -August 8,1983
41.Mr.Burfiend asked i f the expiration date on future permits
could be the first of the month instead of
the 15th or the 31st.
42.Mr.Nakagawa replied that this would be done on future permits.
43.Chairman there being no further business called for a
motion to adjourn.
44.Berry/Dunlop M/S to adjourn.The meeting adjourned at
7:41 p.m.
Respectfully submitted,
James A.Nakagawa,Actidg/Executive Secretary
APPROVED:
09,71 ,/-2e3
es)Marylina Luddy,Acting Chairman
Board of Adjustment
by:Art Berry,Chairman