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HomeMy WebLinkAbout1990-04-09 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA APRIL 9,1990 7:00 P.M. WORK SESSION ON AGENDA ITEMS AT 6:15 P.M. PRESENT ABSENT GUESTS Mr.Baker Mr.Schaffer List in Mrs.Blatterspiel Mr.Wilson Planning Mrs.Kelley Office Mr.Leffler Mr.Sanchez,Chairman Mr.Dunn,Staff Mr.Esquivias,Staff Mr.Nakagawa,Staff Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary SYNOPSIS City Clerk Kathy Connelly addressed the Board regarding the Open Meeting Law and Robert's Rules of Order. Agenda for April 9,1990 approved as submitted. Minutes for September 11,1990 approved as submitted. BA -2-90 approved. ROLL CALL Five members present with two absent as shown above. Chairman Sanchez welcomed Mr.Baker,new Board member,and Ms.Brown -White,new Director of Development Services,to the meeting. AGENDA Chairman Sanchez asked for a motion to approve the agenda dated April 9,1990. MINUTES Board Members Leffler/Kelley -M/S "I move we approve the agenda as presented." Motion passed 5-0-0. Chairman Sanchez asked for a motion to approve the minutes dated September 11,1989. Board Members Kelley/Leffler -M/S "I make a motion we accept the minutes of September 11,1989,as presented." Motion passed 4-0-1 with Mrs.Blatterspiel abstaining. BOARD OF ADJUSTMENT MINUTES APRIL 9,1990 PAGE TWO BA -2-90 Chairman Sanchez opened case BA -2-90 and asked for staff briefing. Mr.Esquivias briefed the Board on case BA -2-90,a request by Norman A.Doebler for a variance to reduce the minimum side -yard setback to 6 feet between his home and his south property line. He gave four conditions for the granting of a variance and stated the following reasons why the site did not meet these conditions: 1)The subject site has no special characteristics, either in topography or shape,that would merit special consideration. 2)The granting of this variance would have an adverse effect on the public because it would render the purpose and intent of the City's Zoning Ordinance meaningless,thus possibly encouraging the building and/or perpetuation of other nonconforming structures. 3)The granting of this variance would also have an adverse effect on the neighborhood because not only might i t begin to set a precedent for the allowance of other zoning violations,but it may also lead to a decrease in property values because of inconsistency and instability in the physical nature of the local housing stock. 4)Any practical difficulties or unnecessary hardship in this case appear to be completely self-imposed.The whole matter could have been avoided i f the applicant had considered his site plan a little more carefully.Furthermore,staff feels that there are other viable solutions to consider,at least for the southern exposure problem,such as awnings,tinted windows or other shielding devices. Staff recommended denial of the request. Chairman Sanchez asked i f there were questions of staff. Mr.Baker asked for clarification regarding awnings. Mr.Esquivias explained the applicant could extend an awning from the roof to 3 feet i f he did not have supporting columns. BOARD OF ADJUSTMENT MINUTES APRIL 9,1990 PAGE THREE Chairman Sanchez asked if applicant cared to speak. Norman Doebler,1881 South Vaquero Road,stated he did not want an aluminum awning because it would be unattractive.There was no footing so the porch would be freestanding;i t could not be attached to the structure.He pointed out the property had been changed from being listed as a manufactured home to a single family residence [on the tax rolls]. Mrs.Kelley asked i f he had spoken with his neighbors to the South. Mr.Doebler spoke regarding his knowledge of his neighbors to the South. Mrs.Kelley commended the applicant for the nice job he had done on his property.She informed him State law,not Pinal County,required his property to be taxed as a single family residence. Chairman Sanchez asked if others had questions of Mr.Doebler.There were none. He asked if anyone from the public wished to speak in favor of the request.There were none. He asked if anyone wished to speak in opposition. None spoke.(A person from the audience began to speak and the Chairman asked her to come to the microphone.He stated he assumed she wished to speak in favor of the request.) Velma'Bossey,1881 South Vaquero,added the lady on the south had gone to the hospital but had informed someone on the Council that she did not oppose the request.[NOTE:She did say "Council".] Chairman Sanchez again asked if anyone wished to speak in opposition.There were none. He asked for the Zoning Administrator's recommendation to the Board. Mr.Esquivias,Assistant Planner,stated the Planning Division recommended denial because none of the required reasons for granting a variance were met: 1)I t had no special characteristics. 2)The granting of a variance would have an adverse effect on the neighborhood and to the City Zoning Ordinance. BOARD OF ADJUSTMENT MINUTES APRIL 9,1990 PAGE FOUR 3)Practical difficulties appear to be self-imposed because of the placement of the building on the property. Chairman Sanchez asked Mr.Doebler i f he wished to rebut staff's comments. Mr.Doebler replied i f the neighbors wanted his structure to be nice,he needed the variance. Chairman Sanchez closed the hearing to the public and asked the Board to consider the request and make a motion. Board Member Kelley/-M/ "I move that case BA -2-90,a request for a variance to the setbacks required by Section 15.0307 be approved.In approving this request,the Board bases its decision on the following findings: 1)That the subject site has no special charac- teristics,that is true,except i t belongs to people who have worked hard to have an attractive property to retire in,and then when they placed their mobile there,they were not aware at that time that they probably would need awnings for protection. 2)That the variance has no adverse effect on the general public because the only public affected in this case is the neighbor to the South who has no objection to the porch being built. 3)The variance has no adverse effect on the neighborhood as a whole due to the quality of construction that exists there,not only on the subject property but also on the neighboring property. 4)Practical and economic difficulties would result in a hardship due to the cost to put anything else up there.Also,the property as a whole would present itself in a more marketable condition i f the covered porch was there and followed the continuity that is already being established." Chairman Sanchez asked for a second.There was none,so the motion died for lack of a second.He asked for a new motion. BOARD OF ADJUSTMENT MINUTES APRIL 9,1990 PAGE FIVE After a long period of silence,he again asked for another motion.He then asked i f the Board wished to discuss the motion again. The Board discussed: 1)the property and its appearance.Those who had seen i t agreed it was nice looking. 2)requirements of the City Ordinance and that a 10' setback was required. 3)why awnings could be cantilevered but could not be supported by columns.Supporting columns would not allow for the minimum setback requirements. 4)whether the Board could approve the Variance request.One member could not find anything in the Zoning Ordinance which would allow the Board to approve the request because the problem seemed not to be with the property but with the placement of the structure on the property.The Chairman agreed. Chairman Sanchez asked staff if the Fire Department had been contacted since the request was to reduce the minimum setback requirement. Mr.Esquivias answered no,it was the Planning Division's opinion that the case was pretty clear- cut because i t did not meet any of the variance criteria. Chairman Sanchez said the Fire Department should be contacted if the setbacks were being reduced.He asked i f there was any other discussion. He asked for another motion or for Mrs.Kelley to restate hers. Mrs.Kelley •said if they went and looked at the property,it would be very clear-cut. Chairman Sanchez asked if they would like to postpone the case to a later date. Board Members Leffler/Baker -MIS "I would like to make a motion to postpone this decision until the May 7,1990 meeting at 7:00 p.m. and possibly by having a larger member attendance, we could get an introduction of a motion and a second." Motion failed 2-3-0 with Mrs.Blatterspiel, Mrs.Kelley,and Mr.Sanchez dissenting. BOARD OF ADJUSTMENT MINUTES APRIL 9,1990 PAGE SIX Chairman Sanchez asked for another motion to either deny or approve the applicant's request. Mrs.Kelley said she would like to reinstate her Original motion to grant a setback variance. Board Members Kelley/Blatterspiel -M/S "I move that case BA -2-90,a request for a variance to the setbacks required by Section 15.0307 be approved.In approving this request,the Board bases its decision on the following findings: 1)That the subject site has no special charac- teristics,that is true,except i t belongs to people who have worked hard to have an attractive property to retire in,and then when they placed their mobile there,they were not aware at that time that they probably would need awnings for protection. 2)That the variance has no adverse effect on the general public because the only public affected in this case is the neighbor to the South who has no objection to the porch being built. 3)The variance has no adverse effect on the neighborhood as a whole due to the quality of construction that exists there,not only on the subject property but also on the neighboring property. 4)Practical and economic difficulties would result in a hardship due to the cost to put anything else up there.Also,the property as a whole would present itself in a more marketable condition i f the covered porch was there and followed the continuity that is already being established." Motion passed 3-2-0 with Mr.Leffler and Mr.Sanchez dissenting. Chairman Sanchez informed the applicant his request had been approved by a majority of the Board.He would be receiving a letter to that effect within the next 10 days which would allow him to proceed with construction. Mr.Doebler asked i f he could go ahead and notify the contractor to get prepared. BOARD OF ADJUSTMENT MINUTES ADJOURNMENT APRIL 9,1990 PAGE SEVEN Chairman Sanchez advised him to wait until he received the letter of approval. Chairman Sanchez asked for a motion for adjournent. Board Members Leffler/Kelley -M/S to adjourn at 7:40 p.m.The motion passed unanimously. aekza:•"/32ezen,-zeii&ec Adriane Brown -White,Executive Secretary —„0(4 — -0014n Ken Sancher,airtrmi l