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HomeMy WebLinkAbout1990-06-11 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA JUNE 11,1990 7:00 P.M. WORK SESSION ON AGENDA ITEMS AT 6:55 P.M. PRESENT ABSENT GUESTS Mrs.Blatterspiel Mr.Baker List in Mrs.Kelley Mr.Schaffer Planning Mr.Leffler Mr.Wilson Office Mr.Sanchez,Chairman Mr.Coleman,Staff Mr.Dunn,Staff Mr.Nakagawa,Staff Mr.Vehon,Councilman,BOA Liaison Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary SYNOPSIS ROLL CALL AGENDA. MINUTES Agenda for June 11,1990 approved as submitted. Minutes for May 7,1990 approved as submitted. BA -1-90 continued to October meeting. Four present with those absent as shown above. Chairman Sanchez asked for a motion to accept the agenda. Board Members Leffler/Kelley -M/S "Mr.Chairman,I make a motion we accept the agenda as stated dated June 11,1990." Mrs.Pruitt asked i f they were accepting the revised June 11,1990 agenda. Mr.Leffler replied yes. Motion passed 4-0-0. Chairman Sanchez asked for a motion to accept the minutes dated May 7,1990 if there were no changes. Board Members Blatterspiel/Leffler -M/S "Mr.Chairman,I make the motion we approve the minutes dated May 7,1990." Motion passed 4-0-0. BOARD OF ADJUSTMENT MINUTES JUNE 11,1990 PAGE TWO BA -1-90 Chairman Sanchez opened Case BA -1-90,a request from Joseph T.Bushaw,President of Patch Enterprises,to appeal the Zoning Administrator's decision that the sale of used clothing,appliances,household items, misc.is not a permitted use in a CB -1 Local Business Zone.The property is located at 401 South Meridian Drive in Apache Junction.The case was continued from the May 7,1990 meeting. He asked Mr.Coleman,Zoning Administrator,i f the applicant had met with him to find a solution. Mr.Coleman stated the case had been continued to give the applicant an opportunity to contact the City to try to resolve the problem.The applicant had not come in,but Mr.Jack North,the tenant of the subject site,had met with Mr.Coleman on June 7,1990.Mr.North proposed adding more new clothing and a line of appliances to his products. Mr.Coleman stated what Mr.North was considering would create further problems.Mr.North had indicated he would be gone for the summer months and did not wish to pursue the matter further until later in the fall. Mr.Coleman commented they did not resolve the issue that was before the Board,however,Mr.Coleman would act according to whatever the Board decided. Mrs.Blatterspiel asked regarding the possibility of continuing the case until September. Chairman Sanchez said that was up to the Board.He asked if the applicant were present and cared to address the Board.[The applicant was not present.] Jack North,266 North 17th Avenue,is the tenant in the building.He stated Mr.Coleman had previously explained what Mr.North wished to do.Mr.North said they wouldn't be operating much during the summer.He would have some new merchandise (clothing)in the store,explaining his wife wished to get more into that area.He mentioned several appliance stores who had gone out of business and stated he would like to add a line of appliances to his inventory.He added these would fit into the CB -2 category. BOARD OF ADJUSTMENT MINUTES JUNE 11,1990 PAGE THREE He talked about zoning in some areas where his business could possibly go.He commented nobody really knew what would take place when the Freeway was completed.He mentioned an area of land from 14th Avenue to Southern on Idaho and asked what was the zoning for that.He questioned staff regarding plans for that area and whether off -ramp areas near the Freeway would be CB -2 or CB -3 zoning. Mr.Dunn explained that area was recently rezoned to several different zoning districts --part commercial, part residential with a planned development for the future.He didn't remember indicating off -ramp areas near the Freeway would be CB zoning.He was talking about the General Plan and how it was concentrating commercial around the Freeway. Mr.North asked staff if the General Plan intended for Meridian all the way south into the industrial area across the canal to be residential. Mr.Dunn said no,he had said the area between Broadway and Mr.North's business was designated as Medium Density Residential on the General Plan. Mr.North reiterated the General Plan called for residential,not CB -1,CB -2,CB -3 or anything else. They wanted residential,which would devalue the property along that route.He asked if there were plans to widen the road to a 4 -lane boulevard. Mr.Dunn replied not where the applicant's property is located.What he was talking about on the phone to Mr.North was that on the General Plan,it's designated as Medium Density residential.He presumed the road was widened,but he was unaware as to the type of residential planned. Mr.North said we informed Mr.Bushaw of that several years ago and Mr.Bushaw told him the property in front of his property had been donated to the City because the area was supposed to be commercial.That was the only portion that the City owned now. Mr.Dunn stated he believed it was dedicated;he was unsure as to the reasons for the dedication. BOARD OF ADJUSTMENT MINUTES JUNE 11,1990 PAGE FOUR Mr.North said they would like to operate like the City wished;they would like to expand to conform in some way to the CB -1 zoning.The interpretation of CB -1 could be different,depending on whether the Board of Adjustment,the Building and Zoning Division,or someone else was doing the interpret- ing.It was hard to decide and see what the people in the past had done and what they really intended to happen. Chairman Sanchez asked Mr.North i f he would prefer that the case be continued to September. Mr.North said yes.He thought by September,with the study he was going to do,he could come under compliance. Chairman Sanchez asked i f he had rather schedule i t to October. Mr.North asked when were the hearing dates? Chairman Sanchez said there was a Board hearing scheduled for September 10 and one for October 10, 1990. Mr.North preferred the October date.This would give them more time to come into compliance. Chairman Sanchez asked the Board i f they had questions of Mr.North. Mr.Leffler asked Mr.North i f he planned to shut down his business while he was gone. Mr.North said it would be partially open,3-4 days a week.He needed to continue servicing his customers.They would like to be open at least 5 days a week,6 hours a day. Chairman Sanchez asked i f it would be proper for him to continue his business as long as the case was pending. Mr.Leffler said he didn't know i f the Board could grant a provisional license for that long a time. Chairman Sanchez said he's not using a license.The City is allowing him to operate. BOARD OF ADJUSTMENT MINUTES JUNE 11,1990 PAGE FIVE Mrs.Blatterspiel said it's giving him permission. Mr.North suggested a postponement until they fulfilled what the Planning people demanded of them.Just so the next time they appeared before the Board,they would either be recommended or not. If at that time they were not recommended,he wouldn't feel bad if they were denied.He thought they could come into compliance. Chairman Sanchez asked Mr.Coleman i f he would be willing to wait until October. Mr.Coleman said technically,as long as the issue was before the Board,they were not in a position to pursue it.They were exempt from being able to pursue i t until the case was discharged.The business itself was probably more technical and pragmatically a violation of the rules.They were not hearing a lot of complaints and to that extent, he personally had no objection.The Board might wish to consider whether or not this was an appropriate practice. Mr.Leffler asked Mr.Coleman i f the building was in compliance at the moment with utility services,and all the other appurtenances. Mr.Coleman replied as far as he knew,the answer to the question was yes.The building was vacant and had been vandalized.To the best of his knowledge, there were no permits issued to put i t back together again.The damage could have been fixed without benefit of a permit.The building was a subject of a problem some years ago and some work had been done to bring i t into compliance,but he had not been in the building since those permits were issued. Chairman Sanchez asked what was the Board's decision. Mrs.Blatterspiel asked i f there had been any complaints against the business operating. Chairman Sanchez said according to Mr.Coleman, there had been none noted. BOARD OF ADJUSTMENT MINUTES JUNE 11,1990 PAGE SIX Board Members Blatterspiel/Kelley -M/S "I'll make the motion that we continue this case until October 10,1990,or October 8,1990 -- whenever the date is in October.I make a motion we continue the case until then." Motion passed 3-1-0 with Mr.Leffler dissenting. Chairman Sanchez informed Mr.North the Board had granted a continuance until October,1990. Mr.North thanked the Board and the department. DIRECTOR OF DEVELOPMENT SERVICES REPORT Chairman Sanchez asked for the Director of Development Services report. Ms.Brown -White said the Department of Development Services would like to do a series of educational meetings when the Board did not have cases to hear, beginning as soon as possible.She suggested they could start in July or August,whichever the Board preferred. Mrs.Blatterspiel commented she would not be present during the July meeting. Board discussed whether to begin in July or August. Ms.Brown -White suggested the Department could poll all the Board members to see when they would be available to begin.She would inform them as to when they had decided to start. RULES OF THE BOARD INCLUDING TERM OF APPOINTMENT Ms.Brown -White advised the Board that the Department of Development Services had not been able to contact Mr.Baker,one of the Board members,to inform him of the meetings.He had been absent for three meetings and apparently had moved outside the City limits,to Queen Creek,Arizona.Letters had been sent regarding his continuing to serve on the Board,asking him to respond by June 4,1990.No response had been received. She said the Board might wish to request the City Council to remove Mr.Baker from the Board and appoint another member to complete his term of office. BOARD OF ADJUSTMENT MINUTES ADJOURNMENT JUNE 11,1990 PAGE SEVEN Board discussed the item and decided to request Council to replace Mr.Baker on the Board. Board Members Leffler/Kelley -M/S "I make a motion that we send a letter requesting the City Council to provide us with a member to fill our Board for the position of Ernest Baker for the purposes of establishing better attendance." Motion passed 4-0-0. Chairman Sanchez asked Ms.Brown -White to prepare a letter for his signature to go to the City Council with the request. Mr.Leffler suggested maybe rules of conduct could be covered in one of the work sessions. Board Members Leffler/Blatterspiel -M/S "I move that we adjourn." Motion passed unanimously. ead/lea J Adriane Brown -White,Executive Secretary Ken Sanchez,C airman