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HomeMy WebLinkAbout1990-11-14 BOA MINUTESPRESENT Mrs.Blatterspiel Mrs.Gardner Mr.Leffler Mr.Schaffer Mr.Sanchez,Chairman Mr.Esquivias,Staff Mr.Nakagawa,Staff Ms.Whitten,Staff Mr.Coleman,Acting Executive Secretary Mrs.Pruitt, Recording Secretary BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 14,1990 WORK SESSION 6:45 P.M. ABSENT Mrs.Kelley Mr.Wilson GUESTS List in Planning Office Agenda items included Case Nos.BA -1-90 (Joseph Bushaw,Patch Enterprises),and BA -3-90 (Michael and Maria Protega). No items were discussed at the work session. Charles Coleman,Acting Executive Secretary en San heiT Chairman ___.).--/-7—yf PRESENT Mrs.Blatterspiel Mrs.Gardner Mr.Leffler Mr.Schaffer Mr.Sanchez,Chairman Mr.Esquivias,Staff Mr.Nakagawa,Staff Ms.Whitten,Staff Mr.Coleman,Acting Executive Secretary Mrs.Pruitt, Recording Secretary BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA NOVEMBER 14,1990 7:00 P.M. ABSENT GUESTS Mrs.Kelley Mr.Wilson List in Planning Office SYNOPSIS Agenda dated November 14,1990 accepted as presented. Minutes for work session and regular meeting of October 10,1990 approved as presented. BA -1-90 reconsidered and denied. BA -3-90 approved. Motion approved to request City Council to replace Board Member Wilson due to absenteeism. ROLL CALL Five members present as shown above with Board Members Kelley and Wilson being absent. AGENDA Chairman Sanchez asked for a motion to accept the agenda dated November 14,1990. Board Members Leffler/Blatterspiel - M/S "I move we accept the agenda dated November 14,1990 as presented." Motion passed 5-0-0 with Board Members Kelley and Wilson being absent. MINUTES Chairman Sanchez asked for a motion to approve the work session and regular minutes dated October 10,1990. BOARD OF ADJUSTMENT MINUTES NOVEMBER 14,1990 PAGE 2 Board Members Schaffer/Gardner - M/S "I move we .approve the minutes for the work session and regular meeting dated October 10,1990." Motion passed 5-0-0 with Board Members Kelley and Wilson being absent. BA -1-90 (Reconsideration) Chairman Sanchez asked for a motion for reconsideration of Case BA -1-90.He explained that only those who had voted for the motion could make a motion for reconsideration. Board Members Gardner/Schaffer - M/S "I move to reconsider BA -1-90,an application of 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. I voted for BA -1-90 to be approved." Motion passed 5-0-0 with Board Members Kelley and Wilson being absent. BA -1-90 Chairman Sanchez re -opened Case BA -1-90,an application of 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.He asked for staff briefing. Mr.Coleman stated the case was being reconsidered since concern had been expressed regarding the issue of a quorum.However,the status of the case had not changed.The applicant had not contacted the Building Division,and the business was open and operating. Chairman Sanchez asked if the applicant wished to speak. Joseph Bushaw,Patch Enterprises,401 South Meridian,explained Mrs.North,the operator of the store,was in Germany for a visit. Although her husband is here,he is unable to operate the store due to health reasons.For this reason Mr.Bushaw was requesting that the case be discontinued.He could possibly seek to re -open after the first of the year. Mr.Coleman asked the applicant if the store was closed.He needed to know for business license purposes. BOARD OF ADJUSTMENT MINUTES NOVEMBER 14,1990 PAGE 3 Joseph Bushaw replied the store had been open the previous weekend. He plans to cancel the business license and tax number.He thanked the Board for their cooperation. Chairman Sanchez closed the public hearing and asked for a motion. Board Members Leffler/Schaffer - M/S "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. 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:by the applicant's verbal request to withdraw his application." Motion passed 5-0-0 with Board Members Kelley and Wilson being absent. Chairman Sanchez stated the Board had unanimously agreed to uphold the Zoning Administrator's decision in Case BA -1-90,and the case was officially closed.The Zoning Administrator should take whatever actions he deemed necessary. BA -3-90 Chairman Sanchez opened Case BA -3-90,and asked for staff briefing. Mr.Esquivias briefed the Board on Case BA -3-90,a request by Michael and Maria Protega seeking a 1:1/2 foot height variance to allow a 6 -foot high masonry wall within the front yard setback of their property located at 980 East Southern Avenue.He noted criteria for the granting of a variance and explained how these applied to the case. Staff recommended the variance be granted. Chairman Sanchez asked if Board Members had questions of staff. BOARD OF ADJUSTMENT MINUTES Board Members asked: NOVEMBER 14,1990 PAGE 4 1)why the address was not granted as Belair Road instead of Southern. 2)if they conformed in all aspects except in the height of the wall. Mr.Esquivias: 1)explained this would have made their front and rear yards nonconforming because of the 20 -feet setbacks. 2)replied yes.A screening wall in the right-of-way had been removed. Chairman Sanchez asked if the applicant wished to speak. Maria Protega,980 East Southern,said staff had explained the case in her favor.She declined to make additional comments. Chairman Sanchez asked if Board Members had questions of Mrs.Protega.There were none. Since there were no additional members of the public present,he closed the public hearing.He asked if staff had anything to add. Mr.Esquivias requested that a stipulation be added that fence height along Southern Avenue not exceed 4 1/2 feet. Mrs.Gardner asked if any possible future owner would be made aware they could not erect a fence on the Southern side. Mr.Esquivias explained the variance runs with the property. Chairman Sanchez closed the public hearing and asked for discussion and a motion. Board Members Gardner/Blatterspiel - M/S "I move that Case BA -3-90,a request for a variance to the Wall and/or Fence Height Limit in Front Yards,required by Section 6.0112 be approved with the stipulation that the fence height along the Southern Avenue frontage not exceed 4.5 feet. The findings I find are: 1)The variance will have no adverse effect on the neighborhood. 2)The variance allowing the wall to remain does not appear to be a health or safety hazard. 3)The wall is aesthetically pleasing and an asset to the neighborhood." BOARD OF ADJUSTMENT MINUTES NOVEMBER 14,1990 PAGE 5 Motion passed 5-0-0 with Board Members Kelley and Wilson being absent. Chairman Sanchez informed the applicant the Board approved the variance and she would receive a letter to that effect. Maria Protega suggested that a permit (even for an insignificant amount)should be required for walls in order to avoid future problems such as she had experienced. (Mrs.Blatterspiel requested permission to leave the meeting to attend another meeting.She was excused at 7:40 p.m.) OLD BUSINESS There was none. NEW BUSINESS "Possible Removal of Board Member" Chairman Sanchez introduced the item:"Discussion and possible action on recommending to the City Council that a Board Member be relieved of duties due to absenteeism and that the City Council appoint another Board member as a replacement."He asked for staff comment. Mr.Coleman stated one member of the Board has missed more than three consecutive meetings.According to the Board's "Rules of Conduct",the other Board members could request that the absentee member be replaced.He asked them what they desired to do. Chairman Sanchez asked if the Board member had been contacted. Mr.Coleman replied a letter had been mailed to Daniel Wilson regarding his desire to continue on the Board.No response had been received,either by letter or phone. Mrs.Pruitt said no additional effort had been made since he did not respond to the City's request. Mr.Leffler stated people coming before the Board should have the privilege of a full Board.Good attendance was important to have a quorum. Chairman Sanchez agreed a full Board could give a better decision. He asked for other comments. Mr.Schaffer asked if any Board members had been removed in the past. Chairman Sanchez replied one had,and Mrs.Gardner was the replacement. BOARD OF ADJUSTMENT MINUTES NOVEMBER 14,1990 PAGE 6 He asked for a motion asking the Council to relieve Mr.Wilson of his duties and seek a replacement. Board Members Schaffer/Gardner - M/S "I make a motion that we recommend to the City Council that they remove Mr.Wilson from the Board of Adjustment and replace him with someone else." Motion passed 4-0-0 with Board Members Blatterspiel,Kelley and Wilson being absent. INFORMATION AND REPORTS Chairman Sanchez asked for the staff's report. Mr.Coleman gave the Development Services Director's Report: 1)He requested that the Board consider choosing a day to meet other than Wednesday whenever their regular Monday meeting day conflicted with a holiday.This would be placed on the December agenda.(Thursday is a possibility.) 2)Board members are requested to leave their packets in the Council Chambers at the end of each meeting to enable staff to prepare them for the next meeting. 3)A joint training session is being planned for the Board of Adjustment,Planning and Zoning Commission,Economic Development Commission (and possibly others).A representative from the Arizona League of Cities and Towns will discuss parliamentary procedures and duties of officers and members.The Board will be notified of the date. 4)Vacancies presently exist on the Health and Services Commission and the Community Relations Commission.Talent Bank Applications should be completed by prospective members. Mr.Leffler asked regarding frequency of meetings. Mr.Nakagawa explained sporadically,depending on the Commission. Some met more than others. Mr.Coleman continued with the report: 5)The Board's decision regarding replacing Mr.Wilson meant a vacancy would also exist on the Board and urged them to consider that when recommending members for boards. 6)The Board is due for a training session which will probably take place in December. 7)Packets from the recent Arizona Department of Commerce Board of Adjustment training session had been distributed to Board Members. BOARD OF ADJUSTMENT MINUTES NOVEMBER 14,1990 PAGE 7 SELECTION OF MEETING DATES.TIMES... Chairman Sanchez asked fora motion for a work session and regular meeting on December 10,1990. ADJOURNMENT Board Members Leffler/Gardner - M/S "I move that we have a work session at 6:45 p.m.and a regular meeting at 7:00 p.m.on December 10,1990." Motion passed 4-0-0 with Board Members Blatterspiel,Kelley and Wilson being absent. Chairman Sanchez asked for a motion to adjourn. Board Members Leffler/Schaffer - M/S "I move we adjourn." The meeting adjourned at 7:55 p.m. OL,A,, Charles Coleman,Acting Executive Secretary Ken Sanchez;—Chairman