HomeMy WebLinkAbout1991-04-08 BOA MINUTESPRESENT
Mrs.Gardner
Mrs.Kelley
Mr.Pfeifer
Mr.Schaffer
Mr.Sanchez,Chairman
Ms.Whitten,Staff
Mr.Nakagawa,Staff
Mr.Coleman,Interim
Executive Secretary
Ms.Holton,
Recording Secretary
BOARD OF ADJUSTMENT
CITY COUNCIL CHAMBERS
1001 NORTH IDAHO ROAD
APACHE JUNCTION,ARIZONA
APRIL 8,1991
7:00 P.M.
ABSENT
Mrs.Blatterspiel
Mr.Leffler
GUESTS
List in Planning
Office
SYNOPSIS Agenda dated April 8,1991 accepted.
Minutes for work session and regular meeting of March 11,1991.
ROLL CALL Five Board Members present with two members absent as listed.
AGENDA Chairman Sanchez asked for a motion to accept the agenda dated
April 8,1991.
Board Members Gardner/Kelley -M/S
"I move we accept the agenda dated April 8,1991."
Motion passed 5-0-0 (with two members absent).
MINUTES I Chairman Sanchez asked for a motion to approve the work session and
regular minutes dated March 11,1991 as presented.
Board Members Pfiefer/Gardner -M/S
"I move that we approve the minutes of the work session and the
regular meeting of March 11,1991."
Motion passed 5-0-0.
BOARD OFADJUSTMENT MINUTES
PUBLIC HEARINGS AND POSSIBLE ACTIONS
OLD BUSINESS
NEW BUSINESS
None.
None.
None.
INFORMATION AND REPORTS
APRIL 8,1991 PAGE 2
Interim Executive Secretary's Report:
Mr.Coleman said the only item he wished to note was that the City
had planned a picnic for Saturday, May 11th,at Prospector Park,and
the Board Members and families are welcome to attend.
Waste Water Project Proposal Presentation:
Chairman Sanchez then called upon Mr.John Schoeph for his
presentation on the waste water project proposal for the city.
John Schoeph.Economic Development Manager,presented a slide show
and talk on the proposed sewer trunk line,estimated costs,and the
City of Mesa intergovernmental agreement for sewage treatment which
is involved in the basic sewer line construction and sewage
treatment for the City of Apache Junction.
Discussion Regarding Nonconforming Uses:
Charles Coleman.Zoning Administrator,said he wished to discuss
what nonconforming uses are and review the current City ordinance
defining nonconforming uses.He said there were examples of
nonconforming cases in the packet material which may be taken home
by Board Members to read at their leisure.
Mr.Coleman stressed that there had been a differentiation made
between nonconforming and lawful nonconforming based on the Zoning
Ordinance re -adoption date of May 7,1985.The options cities have
to deal with lawful nonconforming uses are limited to (1)ignoring
them;(2)recognizing and regulating them;or (3)zoning them into
compliance which Mr.Coleman said is not a recommended alternative.
BOARD OF ADJUSTMENT MINUTES APRIL 8,1991 PAGE 3
Mr.Coleman said the fundamental basis for nonconforming uses is
rooted in "vested rights" which says that a financial investment has
been made based upon a previous permitted use and the owner is
entitled and has a right to the continuation of that use.He said
in establishing lawful nonconforming use,the City accepted proof
showing a structure was built and in use legally or illegally under
Pinal County jurisdiction prior to the May 7,1985 date.The burden
of proof to establish this fact is placed upon the individual
seeking a continuation of the use and this could be established by
obtaining a "Letter of Lawful Nonconforming Use".
He said the City's purpose in establishing lawful nonconforming uses
was that in order to regulate them,they need to be formally
recognized.The owner's purpose for establishing a lawful
nonconforming use status were various:one reason may be monetary
since the rights run with the land and may be transferred in a sale
of property;another may be that it establishes rights under State
law.
He said that under ARS statutes,nonconforming rights can be
terminated by purchase or condemnation.He noted that the ways a
City may extinguish nonconforming use rights is through establishing
that a useful life of a structure may be over when there are major
structural repairs or alterations needed;or when a "use"ceases as
in the case of a property or business being abandoned for a period
of time,typically a year,or when the use is changed dramatically.
In these cases,a determination that an "intent"to abandon or
change uses must be made.The City makes the effort to notify the
owners prior to the year's end that they are in danger of losing
their rights on a nonconforming use or structure.This gives them
an opportunity to respond.If they do not respond,it is assumed
that there has been an intentional abandonment.
He said that State law gives the Board of Adjustment the power to
hear an appeal from any decision of the Zoning Administrator and the
City ordinance does the same (as so stated in Section 3.0106 of the
Zoning Ordinance).
Mr.Coleman asked if there were any questions.There were none.
Mr.Coleman told the Chairman that he had given as brief an overview
as possible,and that although on the surface an appeal on
nonconforming uses may appear to be a simple matter,in reality they
often turn out to be quite a problem to resolve.
Mr.Coleman then said he had picked out three examples regarding
nonconforming use cases and moved quickly through these cases citing
the city ordinance sections which applied in each case.
He further urged Board Members to become familiar with the City's
Zoning Code Article 3,Sections 3.0103 through 3.0107,A.R.S.
BOARD OF ADJUSTMENT MINUTES APRIL 8,1991 PAGE 4
Section 9.462.02,and the packet material dealing with various
situations and judicial decisions of appeals on nonconforming use.
SELECTION OF MEETING DATES.
TIMES.LOCATIONS AND PURPOSES
ADJOURNMENT
Chairman Sanchez asked for a motion regarding the next meeting.
Board Members Kellev/Pfeiffer - M/S
"I move that that we have an executive session at 6:30 p.m.,a work
session at 6:45 p.m.and a regular meeting at 7:00 p.m.on May 13,
1991."
Motion passed unanimously.
Chairman Sanchez asked for a motion to adjourn.
Board Members Schaffer/Pfeiffer - M/S
HI move we adjourn."
Unanimous.
Chairman Sanchez adjourned the meeting at 8:36 p.m.
0440-the,dotie004-44,4
Charles Coleman,Interim Executive Secretary
Ken Sanchezrthiirman