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Home My WebLink About1990-08-13 BOA MINUTESPRESENT BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA AUGUST 13,1990 WORK SESSION 6:45 P.M. ABSENT GUESTS Mrs.Blatterspiel Mr.Schaffer None Mrs.Gardner Mr.Wilson Mrs.Kelley Mr.Leffler Mr.Sanchez,Chairman Mr.Coleman,Staff Mr.Nakagawa,Staff Mr.Vehon,Councilman/Board Liaison Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary There were no cases to discuss,so a formal work session was not held.The regular meeting convened at 7:00 p.m. a0/462;f-e-) Adriaue Brown-WhAe,Exppulive Secretary en San-Chez,Chairman PRESENT BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA AUGUST 13,1990 7:00 P.M. NO WORK SESSION HELD ABSENT GUESTS Mrs.Blatterspiel Mr.Schaffer Mrs.Gardner Mr.Wilson Mrs.Kelley Mr.Leffler Mr.Sanchez,Chairman Mr.Nakagawa,Staff Mr.Vehon,Councilman/Board Liaison Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary SYNOPSIS ROLL CALL AGENDA MINUTES None Agenda for August 13,1990 approved as submitted. Minutes for June 11,1990 approved as submitted. Chairman and Vice -Chairman elected. Training session held for Board Members. Five members present and two absent as shown above. Chairman Sanchez asked for a motion to accept the agenda dated August 13,1990. Board Members Leffler/Kelley -M/S "Mr.Chairman,I move we accept the agenda as posted." Motion passed 5-0-0. Chairman Sanchez asked for a motion to accept the minutes dated June 11,1990. Board Members Blatterspiel/Leffler -M/S "Mr.Chairman,I make a motion that we approve the minutes dated June 11,1990." Motion passed 4-0-1 with Mrs.Gardner abstaining. ELECTION OF OFFICERS Chairman Sanchez turned the Chair over to Ms.Brown -White to conduct the election of Chairman. Ms.Brown -White opened the floor for nominations for Chairman. BOARD OF ADJUSTMENT MINUTES AUGUST 13,1990 PAGE TWO ITEMS 4,5 &7 Board Members Blatterspiel/Kelley -M/S "Madame Secretary,I nominate Ken Sanchez for Chairman." Mr.Leffler moved that the nominations be closed. Ms.Brown -White asked three times i f there were other nominations for Chairman.There were none,so she closed the floor for nominations and asked for a roll call vote. Mr.Sanchez was re-elected Chairman by a unanimous vote. Ms.Brown -White returned the Chair to Chairman Sanchez to conduct the election of Vice -Chairman. Chairman Sanchez thanked the Board for their vote of confidence in re-electing him Chairman. He opened the floor for nominations for Vice -Chairman. Board Members Leffler/Gardner -M/S "I nominate Mrs.Kelley again." Chairman Sanchez asked three times for further nominations for Vice -Chairman.There were none,so he asked for a roll call vote. Mrs.Kelley was re-elected Vice -Chairman by a unanimous vote. Since there were no cases scheduled a training session was held for Board Members. Chairman Sanchez asked Ms.Brown -White to conduct the session. Ms.Brown -White asked Mr.Coleman to present Items 4 and 5, "Discussion on Board Authority as i t relates to A.R.S. Title 9,Section 462.06"and "Board Authority as i t Relates to Articles 11 and 12 of the Apache Junction Zoning Ordinance." Mr.Coleman said he would explain Arizona Revised Statute Title 9,Sections 462.05 and 462.06 regarding what was required of the Board of Adjustment under provisions of the State law.He would also show how the City had complied with these requirements in specifically drafting Articles 11 and 12 of the Apache Junction Zoning Ordinance to meet the requirement of Section 462.06. He invited the Board Members to ask questions or make comments during his presentation i f they wished. He explained the Board of Adjustment's authority as i t relates to the A.R.S.Title 9,Section 462.05-.06 and Articles 11 and 12 of the AJ Zoning Ordinance. BOARD OF ADJUSTMENT MINUTES AUGUST 13,1990 PAGE THREE ITEM 6 He also discussed Item #7,the discretionary authority of the Board.He pointed out some court cases dealing with this discretionary authority. During the presentation,Board Members asked questions and staff responded. Mr.Nakagawa explained the relationship of the Board of Adjustment to the City Council and the Planning and Zoning Commission.They are not a recommending body but more of a court because their decision is final.Any decision they made would be appealed to the Superior Court,not the City Council. Allowing uses is more a function of the Planning and Zoning Commission,though the Board might exercise decision -making over zoning matters. He distinguished between "use"variances and "bulk"variances. He cautioned the Board in trying to grant "use"variances, which were comparable to a rezoning because these were not within their scope of authority but that of the Planning and Zoning Commission. He said also that the Sign Ordinance states that signs either higher or greater in number than usually permitted should be allowed only through the Conditional Use Permit process,which is also a function of the Planning and Zoning Commission. Board/Staff discussed the possibility of cases appearing before the Board that should not have come to them.The Department of Development Services is obligated to bring any properly filed cases before the Board.However,the Board should not always assume that this is the appropriate jurisdiction or that they have a valid claim just because i t is presented.The burden is on the applicant to prove their case.If not proved,the Board has a responsibility to deny their request. The Board should not "rubber-stamp"all staff decisions. Though there would be times when the Board disagreed with staff,the Board still needed staff to give guidance and support. The Board indicated a desire to negotiate a solution,but staff pointed out that i t is not the Board's power and authority to negotiate a solution but to hear the facts, determine what is relevant,and apply the appropriate rule. Usually all avenues of negotiation by the Department have been exhausted before the case gets to the Board,and i t is a fact that all cases cannot be resolved. BOARD OF ADJUSTMENT MINUTES AUGUST 13,1990 PAGE FOUR They agreed there are some rules and regulations that neither the Boards,Commissions,Council nor the community like,but as long as they are still in effect,they should be followed. The solution is to change the rules and regulations i f they are unworkable.Findings of facts and decisions made by the Board must be based upon the rules and regulations that apply, whether State or City. They commented on the two clearly identifiable factions in Apache Junction,one wishing to remain rural and the other seeking industrial development for the community.The City Council needs to know which way the community wants to go. Staff's job is not to tell them where to go but how to get there. ITEM 8 Ms.Brown -White reviewed the Rules of the Board of Adjustment with the Board.She pointed out areas needing revision and made suggestions regarding these.She mentioned additional items that might be included. Board also suggested possible items to include in the revision (i.e.,attendance and notice of absences,conflict of interest policy). Chairman Sanchez asked staff to make the revisions and return that draft to the Board at the September 10,1990 meeting for their consideration.He volunteered help from Board members if necessary. He also requested that the Board meet monthly regardless of whether there were cases scheduled for hearing. Ms.Brown -White agreed to have a staff -drafted revision of the Rules of the Board of Adjustment ready for review at the September meeting. Chairman Sanchez welcomed Mrs.Gardner to the Board. ADJOURNMENT Board Members Kelley/Leffler -M/S "I move we adjourn." Meeting adjourned at 9:12 p.m. ae/414-4 2eze -ohe& Adriane Brown-WhitevExecOtve Secretary 'etrifaricl z,Chairman