HomeMy WebLinkAbout1986-09-29 BOA MINUTESBOARD OF ADJUSTMENT
CITY COUNCIL CHAMBERS
1001 NORTH IDAHO ROAD
APACHE JUNCTION,ARIZONA
SEPTEMBER 29,1986 7 P.M.
PRESENT ABSENT
Mrs.Blatterspiel Mr.Burgess
Mrs.Perkins Mr.Schaffer
Mr.Setliff
Mr.Berry,Chairman
Mr.Nakagawa,Acting Executive Secretary
Mr.Williams,Staff
Ms.Ortberg,Recording Secretary
SYNOPSIS
GUESTS
List in Planning
Office
Agenda dated September 29,1986 approved as submitted
Minutes dated September 8,1986 approved as submitted
BA -3-86 recommended for approval
1.Roll Call Four members present with two absent as noted above.
2.Blatterspiel/Setliff M/S "I make a motion that we approved the Agenda dated
September 29,1986.
Motion passed 4-0-0.
3.Perkins/Setliff M/S "I move we approved the Minutes dated September
8,1986.
4.Chairman
5.Mr.Nakagawa
Motion passed 4-0-0.
opened BA -3-86 and asked for staff briefing.
briefed the Board regarding this request to provide
36 parking spaces instead of the required 63 parking
spaces for a proposed 3,166 gross square feet Dairy
Queen restaurant.
6.Chairman asked the applicant to speak.
7.Steve McClung stated he is the architect representing Jim and Dale
Goodman who are the applicants.Stated they currently
own the most successful Dairy Queen restaurant in the
state,and are desirous of opening a restaurant in Apache
Junction.This will be a double drive -through window
operation,the first in the state.This should take
some of the burden off of the need for required parking.
They have scaled down the size of this restaurant to
the smallest Dairy Queen will allow.They would use
the basement for storage and an office facility.
He has compared parking requirements in other area cities,
and Apache Junction has the most stringent.
8.Chairman asked i f anyone wished to speak in favor.
9.Jim Goodman
10.Mrs.Perkins
11.Dale Goodman
feels that based on the Mesa store,which is the busiest
in the state,they have spaces that are very rarely
used,and they have 41 spaces.The proposed store is
about 2/3 of the seating capacity of the store Mesa.
So they feel this will be more than adequate.
asked how many employees will be on per shift,and how
many spaces will their cars take up.
feels between 5 -8 employees.
Stated that 35-48%of their business will use the drive-
through windows.
BOARD OF ADJUSTMENT MINUTES
12.Mr.Setliff
13.Chairman
14.Mr.Nakagawa
15,Mr.Newcomer
16.Mrs.Perkins
17.Mr.Nakagawa
18.Mr.McClung
19.Setliff/Perkins
20.Chairman
21.Mrs.Perkins
22.Mr.Setliff
23.Board
24.Chairman
25.Mrs.Perkins
SEPTEMBER 29,1986 PAGE TWO
feels that they should have more than one space for
the handicapped,especially given the influx of winter
visitors to Apache Junction.
asked for staff's recommendations.
according to the criteria they must go by,staff would
recommend denial for this variance.They look at the
site size,the topography,or physical characteristics
that would constrain development from occurring practically
and would still meet the zoning requirements.The other
restaurants in the area have had to comply with the
parking regulations.They also desire to put in a basement
which adds to the overall floor area which the other
restaurants do not have.This basement is figured into
the required parking.
stated that staff is not so concerned what decision
is made,but rather the basis for the decision.If
the Board does feel there is room to allow this variance,
he mentioned two special conditions that would apply
to this case.
1.Our current Zoning Ordinance does not have specific
standards for drive-in restaurants;i t is based
on sit-down restaurant standards.
2.The square footage of the basement in this store
will not be used for business traffic.
asked i f this would be setting a precedent.
stated this is of concern to staff.I f other businesses
come in,will they ask for the same kind of variance
because Dairy Queen got it.
gave data regarding the ratio of seating spaces inside
to parking spaces outside of Burger King and McDonald's.
M/S "I'd like to make a motion in two different areas.
1)We don't have criteria at the present time to follow
because it's not in the statutes,and 2)until we get
i t from the Zoning Committee,I don't feel justified
in denying this request.
opened this to discussion.
asked that they add two more handicapped parking spaces
and that they would take out the R.V.spaces and convert
these to regular spaces.
feels that this would be discrimination.
discussed the need for clarification of the above motion,
either to approve or deny this case.
asked that Mrs.Perkins withdraw the second to
in question,which she did.
There being no one else wishing to second this
i t was defeated.
He called for another motion.
the motion
motion,
M/"I move that we accept this with 36 parking spaces,
and possibly asking the R.V.parking be taken out and
that more handicapped spaces be added.
This is based on the fact that their floor space is
their basement space.
BOARD OF ADJUSTMENT MINUTES SEPTEMBER 29,1986 PAGE THREE
26.Chairman
27.Setliff
28.Mr.Newcomer
29.Charles Coleman
30.Chairman
31.Perkins/Setliff
32.Chairman
33.Setliff/Blatterspiel
Respectfully submitted,
Jim Nakagawa,Acting Execu
There being no second,this motion was defeated.He
called for another motion.
M/"I make a motion that we table this matter until
we get further clarification from the Planning and Zoning
Committee.
stated the he and Zoning Administrator feel that concerning
the lack of guidance in the Zoning Ordinance,that until
i t is revised,which will be a minimum of 6 or 7 months,
that i t is the appropriate duty of the Board of Adjustment
to offer the interpretation of the Zoning Ordinance
considering items that are not specifically covered
and that staff does not have the proper guidance to
carry through on.
wanted to point out that this issue is in the hands
of the Board,and that failure on the part of the Board
to act is equivalent to a denial of this request.
there being no second to the above motion,he called
for a new motion.
M/S "I move that we approve this case.
This is based on the fact that their floor space is
their basement space.
Motion passed 3-1-0 with Mrs.Blatterspiel objecting.
noted that Mr.Bakkedahl,the vice -mayor was present.
MIS to adjourn.Meeting adjourned at 8 p.m.
Secretary