Loading...
HomeMy WebLinkAbout1989-09-11 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA SEPTEMBER 11,1989 7:00 P.M. WORK SESSION ON AGENDA ITEMS AT PRESENT ABSENT GUESTS Mr.Elliott Mrs.Blatterspiel List in Mrs.Kelley Mr.Wilson Planning Mr.Leffler Office Mr.Schaffer Mr.Sanchez,Chairman Mr.Coleman,Staff Mr.Dunn,Staff Mr.Nakagawa,Acting Executive Secretary Mrs.Pruitt,Recording Secretary SYNOPSIS ROLL CALL AGENDA/MINUTES Agenda for September 11,1989 approved as submitted. Minutes for August 23,1989 approved as submitted. BA -3-89 approved. Five members present with two absent as shown above. Chairman Sanchez asked for a motion to approve the agenda as presented. Board Members Leffer/Schaffer -M/S "Mr.Chairman,I move that we approve the agenda dated September 11,1989." Motion passed unanimously. Chairman Sanchez asked for a motion to approve the minutes as presented. Board Members Kelley/Leffler -M/S "Mr.Chairman,I make a motion that we accept the minutes of August 23,1989 as they stand." Motion passed 3-0-2 with Board Members Elliott and Schaffer answering "present." BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE TWO Chairman Sanchez opened case BA -3-89 to the public and asked for staff briefing. Mr.Dunn briefed the Board on case BA -3-89,a request by Maria and Charles Jones for the Board to determine whether or not the employment specifically described as ranch help for a commercial horse boarding operation could be interpreted as "seasonal farm labor"for their property located at 288 West Smoketree Street (the northwest corner of Smoketree Street and the Apache Drive alignment). He added one protest letter had been received on September 11,1989. Chairman Sanchez asked the Board i f they had questions of staff. Mr.Leffler asked staff to locate the property belonging to the protestor. Mr.Dunn pointed out the property. Chairman Sanchez asked i f the applicant were present and wished to speak. Tony Giammarco,50 South Power,Mesa,Arizona, represented Maria Jones,the applicant.He said October through March was the time period when the help was needed and that this should qualify for "seasonal farm labor."He addressed the issues of cleanliness and property values decreasing. Chairman Sanchez asked the Board i f they had questions ofMr.Giammarco. Mr.Leffler asked: 1)how long did the help stay in 2)i f the trailer was being used Tony Giammarco said from October help was there 100%of the time. maintenance man usually leaves. the trailer; during off season. through March,the After March,the Maria Jones,288 West Smoketree,Apache Junction, said she is there during the summertime.The maintenance man has weekends and holidays off,so the trailer is not occupied full—time. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE THREE Chairman Sanchez asked i f there were other questions of the applicant.There were none,so he asked i f others wished to speak in favor of the application. Robert Lewis,330 West Smoketree,Apache Junction, an adjoining property owner: 1)stated the place was well kept,and he had no complaints; 2)showed photos of his property.He stated the land was not being devalued because he gave $29,000 for his lot and $33,000 was being asked for a nearby 1-1/4 acre property. Robert Ginsler,P.O.Box 68,Edgewood,New Mexico, a racer,breeder,trainer and show-er of horses for 25 years: 1)has boarded horses at Smoketree Ranch for two years; 2)spoke highly of the facilities and management. Bruce Kough,5643 East Evergreen Street,Mesa, boards his Arabian horses at Smoketree Ranch.He said: 1)security and cleanliness are main concerns of horse owners,and Smoketree Ranch is rated highly on both counts; 2)the trailer in question is hooked up to a separate septic tank. Bob James,5081 North Ironwood,Apache Junction,a blacksmith who makes periodic trips to the Ranch: 1)also spoke highly of the cleanliness of the area; 2)stated horses need watching over,and security is also very important. Mary Dlugosz,9029 East Grandview,Apache Junction, is an escrow officer who recently handled refinancing for the applicant.She said the loan went through smoothly without any problems,and Apache Junction should be proud to have a business such as this. Roy Embree,1641 North Plaza Drive,Apache Junction, lives near the Ranch.When he bought his property in 1976,he was informed of its existence.He presently had no problem with i t nor a problem with providing a place for their worker. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE FOUR Chairman Sanchez asked if others wished to speak in favor.There were none,so he asked if any wished to speak in opposition. Gregory Oleksak,1740 North Apache Drive,a real estate agent,owns property south of Smoketree Ranch.He spoke against the request,listing the following reasons: 1)the trailer had been used on two occasions as permanent housing for a family of three and a family of four; 2)the njunksville appearance of the Ranch and possible deterioration was not good for the City's image; 3)horse urine,not horse manure,was the offensive odor.As the number of horses increased,so would this problem; 4)property values were devalued because people did not want to buy into that type of situation.He added $32,00 was being asked for two parcels nearby,but they were not yet sold. Chairman Sanchez asked Board members i f they had questions of Mr.Oleksak. Mr.Elliott asked him to repeat his statement regarding persons living in the travel trailer. Gregory Oleksak repeated his previous statement and further explained regarding the occupants.He said when he had protested the granting of a license in March,the occupants had left. Eleanor Garber,2760 North Royal Palm,Apache Junction,said they are in a similar situation.She addressed issues regarding horses in the City of Apache Junction:the unlimited number allowed, cleanliness,and decreasing property values. Chairman Sanchez asked if others wished to speak in opposition.There were none,so he asked for staff recommendation. Mr.Dunn said staff did not recommend either way, but he asked the Board to make their decision based on the merits of the individual case at hand. Chairman Sanchez asked Mr.Coleman i f he wished to address the Board. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE FIVE Mr.Coleman: 1)stated the boarding stable is a permitted use. When the parcels were combined,only one residence was allowed; 2)pointed out the issue was the second residence and whether the criteria for "seasonal farm labor"was met,not the number of horses nor the permitted use. Chairman Sanchez asked the Board i f they had questions of Mr.Coleman. Mr.Elliott commented this did not seem to be a "seasonal farm labor"problem,yet they were being asked to consider the matter on that basis. Mr.Coleman: 1)again stated the issue before the Board was whether this was "seasonal farm labor"; 2)pointed out a previous similar case,explaining the Board had made a point at that time that each case should be considered on an individual basis, thus this case was brought before the Board. Mrs.Kelley asked i f the present parcel was "grandfathered"since the parcels were bought separately and each was allowed one residence. Mr.Coleman replied: 1)the "grandfather clause"only applied to things that happened before March 7,1985.A new use had been brought to the land,and boarding stables was a permitted use.There would be no need to "grandfather"the use; 2)the issue was the second dwelling unit,and the ordinance had always read "one dwelling unit per parcel."The creation of one parcel had created the problem. Chairman Sanchez asked for rebuttal. Tony Giammarco: 1)reminded the Board that several had spoken regarding the cleanliness of the Ranch; 2)showed some pictures to the Board of Mr. Oleksak's property to indicate why the property was possibly devalued; BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE SIX 3)said the Board had set up a precedent regarding "seasonable farm labor"in a previous case though they did not want to call i t that. Chairman Sanchez asked if the property had ever been advertised for rent or sale. Maria Jones: 1)answered no.The provided residence was part of the compensation; 2)clarified the questions raised regarding families occupying the unit; 3)said when she bought the property,she checked to be sure a boarding stable was legal and pointed out Mr.Oleksak's employer had sold the property to her; 4)questioned why Mr.Oleksak bought property in an area which was zoned for horses; 5)stated she had tried to communicate with Mr.Oleksak but to no avail.Her desire was to get along with her neighbors and have a nice place. Chairman Sanchez asked i f the opposing side cared to rebut. Gregory Oleksak explained: 1)he bought his property in 1984,and the law regarding the boarding stables on 2-1/2 acres was not passed until November 1985; 2)since the City's legal ads were run in the Mesa Tribune,he was unaware of the change and did not oppose it. Chairman Sanchez said he was unaware there had been a time when a boarding stable was not allowed. Gregory Oleksak stated the law was passed in 1985. Chairman Sanchez affirmed the Zoning Ordinance went into effect in 1985.He asked the Board i f they had any questions of the applicant. Mr.Elliott asked how many horses could be stabled on the 2-1/2 acres and i f the number of horses would be increased. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE SEVEN Maria Jones said depending on the circumstances and i f some pens were added,up to 15 horses could be boarded. Chairman Sanchez closed the hearing to the public and asked the Board to deliberate and present a motion. Board Members Schafer/Leffler -M/S "I move that in case BA -3-89,a request to interpret the phrase 'seasonal farm labor'(Section 15.0101 h. of the Apache Junction Zoning Ordinance),the Board find as follows: 1.The labor described in this request is analogous to 'seasonal farm labor'described in Section 15.0101 h.of the Apache Junction Zoning Ordinance. 2.The resident of the second dwelling unit (a travel trailer)is engaged in the type of labor described in #1 above.Therefore,the travel trailer in question is permitted to be used as 'housing for seasonal farm labor'(Section 15.0101 h.). 3.The conditions and findings set forth in this order apply only to the specific circumstances of this request (BA -3-89)and may not be applicable to similar or dissimilar uses in this or any other zone. The findings are: 1.The employee is only on the site when needed and he's not employed during weekends or holidays, either; 2.Employment fluctuates during the year; 3.There is no law or ordinance,or zoning regulation pertaining to the number of persons occupying the property." Motion passed 5-0-0. ADJOURNMENT Board Members Leffler/Elliott -MIS to adjourn at 8:01 p.m. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 11,1989 PAGE EIGHT James A.Nakagawa,ActingAetutive Secretary en SanchIz,airman