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HomeMy WebLinkAbout1990-10-10 BOA MINUTESPRESENT BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA OCTOBER 10,1990 WORK SESSION 6:45 P.M. ABSENT Mrs.Blatterspiel Mrs.Gardner Mr.Schaffer Mr.Sanchez,Chairman Mr.Coleman,Staff Mr.Dunn,Staff Mr.Nakagawa,Staff Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary Mrs.Kelley Mr.Leffler Mr.Wilson GUESTS None No work session was held.The regular meeting began at 7:00 p.m. Adriane Brown -White,Executive Secretary en Sanchez-,-Chgirman PRESENT Mrs.Blatterspiel Mrs.Gardner Mr.Schaffer Mr.Sanchez,Chairman Mr.Coleman,Staff Mr.Dunn,Staff Mr.Nakagawa,Staff Ms.Brown -White,Executive Secretary Mrs.Pruitt,Recording Secretary SYNOPSIS ROLL CALL BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA OCTOBER 10,1990 7:00 P.M. NO WORK SESSION HELD ABSENT GUESTS Mrs.Kelley Mr.Leffler Mr.Wilson None Agenda for October 10,1990 approved as submitted. Minutes for work session and regular meeting of September 10, 1990 approved as submitted. BA -1-90 denied. Revised Rules of Conduct adopted. Four members present and three absent as shown above. Mrs.Blatterspiel left the meeting early to attend another meeting. AGENDA Chairman Sanchez asked for a motion to accept the agenda for October 10,1990. MINUTES BA -1-90 Board Members Blatterspiel/Gardner -M/S "I make a motion we accept the agenda dated October 10,1990." Motion passed unanimously. Chairman Sanchez asked for a motion to approve the work session minutes and regular minutes for the meeting of September 10,1990. Board Members Schaffer/Gardner -M/S "Mr.Chairman,I request the approval of the minutes for the work session and regular meeting of September 10,1990." Motion passed unanimously. Chairman Sanchez opened case BA -1-90,a request for Joseph T. Bushaw,President of Patch Enterprises,to appeal the Zoning Administrator's decision that the sale of used clothing, BOARD OF ADJUSTMENT MINUTES OCTOBER 10,1990 PAGE TWO 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 June 11,1990 meeting. He asked staff for an update regarding whether the applicant had met with staff as the Board had requested. Mr.Coleman stated no,he had not been contacted by any of them. Chairman Sanchez asked Mrs.Gardner i f she had listened to previous minutes of the meeting and was up to date on the case. Mrs.Gardner said she had done so and felt she understood the case. Chairman Sanchez stated she could then debate and vote on the case.He asked staff for further comments. Mr.Coleman had none. Chairman Sanchez closed the public hearing since the applicant was not present.He asked the Board for deliberation and discussion. Mrs.Gardner asked if the applicant had been notified of the correct time and date of the meeting. Chairman Sanchez explained the meeting had been postponed and he had been informed of the October date at that time. Ms.Brown -White added the applicant had requested in June that the case be continued to October.He had also recently received additional notification. Mr.Coleman agreed he had been sent a letter regarding the meeting. Mrs.Gardner commented she had asked this for the record. Chairman Sanchez asked for a motion. Board Members Gardner/Blatterspiel -M/S "Mr.Chairman,I move that in case BA -1-90,an Appeal of the Zoning Administrator's Decision,the Board uphold the decision of the Zoning Administrator and interpret Section 16.0101, Uses Permitted in a CB -1 Local Business Zone,as i t applies to this case as follows: The subject property described in this application is zoned CB -1 Local Business Zone. BOARD OF ADJUSTMENT MINUTES OCTOBER 10,1990 PAGE THREE The applicant has proposed to use the property for the sale of 'used clothing,appliances,household items, misc.' The use proposed by the applicant may not be conducted in a CB -1 Local Business Zone for the reasons listed below. The following findings are offered by the Board in support of its decision: I)Because of their lack of interest in showing up for the hearing; 2)His delay in trying to work with us; 3)The situation that Mr.Bushaw is in has been self-imposed because of the zoning not requiring that,and he has insisted on staying in that business in a location where that is not permitted." Motion passed 4-0-0 with Board Members Kelley,Leffler and Wilson being absent. Chairman Sanchez stated the application was denied by a unanimous vote. OLD BUSINESS "Rules of Conduct" Chairman Sanchez asked Ms.Brown -White to point out any areas of changes since the last meeting. Ms.Brown -White pointed out the changes suggested by the Board which had been incorporated into the document: I)Addendum No.2 -section added regarding acceptance of agenda; 2)Addendum No.I -two paragraphs added at top of page to explain the agenda,and Agenda Format revised to include "Selection of Meeting Dates,Times,Locations and Purposes." Those were basically the only changes.She had discussed suggested changes by the City Attorney and City Clerk at the previous meeting. Chairman Sanchez asked if others had discussion.There was none. He asked for a motion on the Rules of Conduct. Board Members Schaffer/Blatterspiel -M/S "Mr.Chairman,I make a motion we accept the rules of conduct as they now exist." BOARD OF ADJUSTMENT MINUTES OCTOBER 10,1990 PAGE FOUR Motion passed 4-0-0 with Board Members Kelley,Leffler and Wilson being absent. Chairman Sanchez stated the Rules of Conduct were adopted by a unanimous decision. INFORMATION AND REPORTS "Development Services Director's Report" Chairman Sanchez asked for the Development Services Director's report. Ms.Brown -White informed the Board that the 1990 Board of Adjustment Workshop will be held on November 2,1990 at the Crescent Hotel in Phoenix.All members were invited and the $30.00 registration fee would be paid by the City.She asked which Board Members were interested in attending so reservations could be made. Chairman Sanchez stated he would like to attend. (Mrs.Blatterspiel had earlier submitted her application for attendance.) Mrs.Gardner and Mr.Schaffer both indicated they could not attend. Chairman Sanchez asked Ms.Brown -White to contact the absent members by telephone regarding possible attendance. Ms.Brown -White replied our department would call them. (At that point in time,Mrs.Blatterspiel left the meeting to attend another meeting.) SELECTION OF MEETING DATES,TIMES LOCATIONS AND PURPOSES Chairman Sanchez announced that the next work session and regular meeting would be held on November 14,1990 at 6:45 p.m.and 7:00 p.m.,respectively. ADJOURNMENT Chairman Sanchez adjourned the meeting at 7:25 p.m. aAea:frte)/32074 -e0/1 ) Adriane Brown -Whit ,Executive Secretary 'Ken Sandhez,Chairman"