HomeMy WebLinkAbout1986-12-08 BOA MINUTESBOARD OF ADJUSTMENT
CITY COUNCIL CHAMBERS
1001 NORTH IDAHO ROAD
APACHE JUNCTION,ARIZONA
DECEMBER 8,1986 7 P.M.
PRESENT
Mrs.Blatterspiel
Mr.Burgess
Mr.Sanchez
Mr.Schaffer
Mrs.Perkins,Acting Chairman
Mr.Williams,Staff
Mr.Nakagawa,Staff
Mr.Newcomer,Executive Secretary
Ms.Ortberg,Recording Secretary
ABSENT
Mr.Berry
Mr.Setliff
SYNOPSIS
Agenda dated December 8,1986 approved as submitted
Minutes dated September 29,1986 approved as submitted
Minutes dated November 10,1986 approved as submitted
BA -5-86 approved
GUESTS
List in Planning
Office
1.Roll Call Five members present with two absent as noted above.
2.Blatterspiel/Sanchez M/S "I make a motion that we approve the Agenda dated
December 8,1986"
Motion passed 5-0-0.
3.Schaffer/Blatterspiel M/S "I make a motion that we approve the Minutes of
September 29,1986."
Motion passed 2-0-3 with Mr.Burgess,Mr.Sanchez,and
Mrs.Perkins abstaining
4.Burgess/Blatterspiel M/S "I move that we approve the Minutes dated November.
10,1986."
Motion passed 5-0-1 with Mrs.Perkins abstaining.
5.Chairman opened BA -5-86 and asked the applicant to speak.
6.Fred Lemberg
7.Winston Burrows
8.Chairman
9.Mr.Williams
stated he is the attorney for the Greyhound Park,who
is the applicant.Stated there was a lawsuit filed
by Huff's Mobile Home Park alleging a nuisance against
Apache Greyhound Park.A settlement has been reached.
One of the conditions was that Greyhound erect a ten
foot wall along the property line facing the east side
of the park.This requires a variance from the City's
Zoning Ordinance.
stated he is the General Superintendent of the Greyhound
Park.Responded to questions.
asked for Staff's briefing.
briefed the Board regarding this request for a variance
to permit a ten foot high wall on the east and west
sides of the kennels.The Ordinance requires that side
and rear yard walls not exceed six feet in height.
10.Mr.Sanchez asked how ten feet for the wall height was arrived at.
11.Gove Allen stated he was Mrs.Huff's attorney.He gave a brief
history from their standpoint.Stated the two problems
with dogs are the odor and noise.At the trailer park,
the trailers abutting the kennels had the most problem
with the noise.These trailers buffered the noise for
the trailers further down.These trailers being about
ten feet high,that is how they determined the height
of the wall to be ten feet high.This is to be filled
with sand for insulation.
BOARD OF ADJUSTMENT MINUTES DECEMBER 8,1966 PAGE TWO
12.Florence Scott stated they have rentals on the south side of the Park.
The kennel windows are boarded up,but the sound still
comes through.They should put up a partition that
goes all the way to the building so that all the smell
and sound is not allowed to come south.
13.Winston Burrows stated they do intend to do that.
14.Chairman
15.Mr.Sanchez
16.Florence Scott
17.Mr.Sanchez
18.Rosalie Huff
19.Mr.Williams
20.Mr.Newcomer
21.Board
22.Chairman
23.Mr.Burgess
24.Burgess/Schaffer
there being no one wishing to speak in favor or opposition
of this application she asked i f the Board wished to
ask any questions.
asked Mrs.Scott if they would be satisfied with the
ten foot wall,and what would happen i f i t didn't work.
felt that anything would be an improvement and a step
in the right direction.
asked Mrs.Huff what would happen if this doesn't work.
gave background of how she acquired this property.
Because of the problems she's had trouble renting the
units in that end of her mobile home park.Feels that
the wall will help for both noise and the odor.She
wants as much wall as possible.Feels anything is worth
a try,and this is the only alternative possible.
stated that the Planning Department cannot fully support
this request because of its precedent setting nature.
added to the staff recommendations that if the motion
is for approval,i t is strongly recommended that the
applicant come back to the Board of Adjustment with
a landscaping plan for the area outside the wall along
Desert View Drive.This is for aesthetic reasons for
the neighborhood.
discussed this case among themselves.
closed this hearing to the public and asked for a motion.
stated before he makes a motion that "this Board of
Adjustment is for something like this to happen.It
doesn't seem like anyone is opposing this so I'm not
opposed to it.I just hope that after this is done
that somebody else in the neighborhood that passes this
decides they don't like i t and go on down and complain."
"BE IT RESOLVED by the Board of Adjustment of the City
of Apache Junction,Arizona,that a variance to Section
6.0112 to the Zoning Ordinance allowing a ten foot block
wall to be constructed on both side property lines instead
of meeting the requirement of the previously listed
Section is hereby approved.
The following stipulations shall be conditions of BA -5-86:
1.The wall must meet the 1982 Uniform Building Code
Requirements and be approved by the Building Depart-
ment prior to construction.
2.The wall must be landscaped and the wall design
and landscaping plan be approved by the Building
Department prior to construction.
Findings to justify approval are:
1.The surrounding property owners are not opposed
and seem to support the height variance.
2.When action by the Board can resolve disputes between
neighbors the Board should act accordingly."
Motion passed 5-0-0.
BOARD OF ADJUSTMENT MINUTES DECEMBER 8,1986 PAGE THREE
25.Sanchez/Burgess M/S to adjourn.Meeting adjourned at 7:55 p.m.
Respectfully submitted,
ewcomer,Executive Secretary
cyj_
FyPerkins,Acting Chairman