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HomeMy WebLinkAbout1991-09-09 BOA MINUTESPRESENT Mrs.Blatterspiel Mr.Bluntschly Mrs.Kelley Mr.Leffler Mr.Pfeifer Mr.Sanchez, Chairman Mrs.Alger,Council Liaison Mr.Nakagawa,Staff Ms.Whitten,Interim Executive Secretary Ms.Holton, Recording Secretary BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION,ARIZONA REGULAR MEETING SEPTEMBER 9,1991 7:00 P.M. ABSENT GUESTS Mrs.Gardner List in Planning Office SYNOPSIS Agenda dated September 9,1991 accepted. Regular Meeting Minutes dated August 12,1991,were approved. BA -4-91 approved. ROLL CALL Six Board Members were present. Chairman Sanchez called the meeting to order at 7:00 p.m. AGENDA M/S -Board Members Bluntschlv/Leffler "I move we accept the agenda dated September 9,1991." Motion passed 6-0-0. MINUTES M/S -Board Members Blatterspiel/Bluntschlv "I move we approve the minutes of the work session and regular meeting of August 13,1991." Chairman Sanchez made a friendly amendment to the motion to include a correction to the minutes on page 2 which read "Chairman Sanchez welcomed Mr.Bluntschly to the Board of Directors".He directed the Secretary that the minutes reflect that Mr.Bluntschly was welcomed to the "Board of BOARD OF ADJUSTMENT MINUTES SEPTEMBER 9,1991 PAGE 2 Adjustment",not the "Directors"in the final copy of the minutes. Motion approved 6-0-0. PUBLIC HEARING Case BA -4-91,a request by Johnny G.Gonzales,owner of record,944 South Goldfield Road,for a variance from Section 15.0108 Minimum Rear Yard,of the Apache Junction Zoning Ordinance,from 40'to 28'to accommodate construction of a patio cover on the rear of Mr.Gonzales'home. Sandy Whitten.Interim Zoning Administrator,presented case BA -4-91 to the Board and showed an overhead projection of the County Tax Assessors Map showing the property in question and a videotape showing the property's topography with the proposed location for the patio cover at Mr.Gonzales'home. She said the question to be determined is if the applicant has met the criteria required to obtain the variance. Ms. Whitten said it is the opinion of the Zoning Administrator that there are characteristics of the property which would make it eligible for the granting of a variance which would not prove detrimental to either the public or the neighbor- hood. Chairman Sanchez asked if the applicant was present and wished to address the Board on this case. John Gonzales,944 South Goldfield Road,said that due to the thoroughness of the staff's presentation,he didn't have anything substantial to add. Chairman Sanchez asked Mr. Gonzales to remain at the podium to answer any questions the Boardmembers may have. Mr.Bluntschly said that from the report put together by the staff it seemed the applicant may have considered putting up a free-standing awning, yet the case as verbally presented did not bear this out.He asked Mr.Gonzales for a clarification on what was being requested. Mr.Gonzales said that the free-standing awning was presented to him as a possible option.However this alternative was not what would fit with his plans and he basically needed to attach the cover to the dwelling. Mr.Pfeiffer asked the applicant if he had received any objections to his plans from the neighbors? BOARD OF ADJUSTMENT MINUTES SEPTEMBER 9,1991 PAGE 3 Mr.Gonzales answered that he had not received any word of opposition from any of his neighbors within the 300 -foot radius who had received the letter notifying them of his plans. Chairman Sanchez said he had a question regarding the butane tank which was visible in the videotaping of the site.He asked if the tank was very close and would the applicant plan to move the tank? Mr.Gonzales said he had not intended to move the tank since there is a gas line buried at least six inches below ground running adjacent to the building.He said it was approxi- mately 15 to 16 feet from the building and if the patio is built,there would be a section of line approximately two feet from the patio. Mr.Gonzales said that if the tank poses a hazard of any kind, he would see that it was moved,although moving the gas line may pose a problem for him. Mr.Leffler said that,knowing something about propane installations,the tank would have to be at least ten feet from a residence. Chairman Sanchez said he wasn't certain about the distance, but that he thought there was a regulation regarding this. Mr.Bluntschlv said he thought the regulation on distance concerned the distance from the living portion of the structure and not awnings or patio covers. Chairman Sanchez thanked Mr.Gonzales and asked if there was anyone in the audience who wished to speak either for or against the petition for variance.As there was none,he asked staff if they wished to add anything else before the Board deliberated? Mr.Nakagawa answered that a previous case was similar but with the difference that the structure was moved on the lot so that the awning installation could have complied with the setback requirements.He said in this case,the mobile home can't be moved in any direction and still allow an awning installation which will comply with the setbacks so it appears that this request does meet the criteria for the variance. BOARD OF ADJUSTMENT MINUTES SEPTEMBER 9,1991 PAGE 4 Mr.Nakagawa added that these cases may warrant a look at the City's ordinance or procedures so that people will be made aware that they should look ahead to their awning installations at the time they apply for a permit to place a mobile home on a lot. Sandy Whitten said that due to the unique topography of the applicant's property,the fact that the applicant has developed his property in accordance with all city requirements to this point,and as there appears to be no adverse effects to the neighborhood or to the public,staff recommends approval for the granting of a variance in this case. Chairman Sanchez asked the Board if they had any further questions for the staff.As there were none,he closed the public hearing and asked for Board discussion. MOTION M/S -Board Members Bluntschlv/Blatterspiel HI move that case BA -4-91,a request for a variance to the rear yard setback requirements for main buildings under general rural zoning,Section 15.0108,from 40'to 28'be approved. FINDINGS OF FACT: 1.Granting of a variance will not have a negative impact on public or private sectors of the neighborhood. 2.The characteristics of the property make it eligible for a variance. 3.Denial would create an unnecessary and undue hardship on the applicant. The motion was approved 6-0-0. OLD BUSINESS No old business. NEW BUSINESS There are no cases pending for the next Board meeting. INFORMATION AND REPORTS Interim Executive Secretary Sandy Whitten suggested that at the Board's next meeting October 7,1991,since no cases had been filed to be heard,a training session be held.This suggestion was favorably received. BOARD OF ADJUSTMENT MINUTES MEETING DATES,TIMES, LOCATIONS,PURPOSES SEPTEMBER 9,1991 PAGE 5 Chairman Sanchez asked for a motion to schedule the next meeting of the Board. M/S -Board Members Pfeifer/Kellev "I move that the Board schedule an executive session,if necessary,at 6:30 p.m.,a work session at 6:45 p.m., and a regular meeting at 7:00 p.m.,on October 7,1991." Motion passed 6-0-0. ADJOURNMENT The meeting was adjourned at 7:38 p.m. ) Sandy Whittqni,Interimilkilutive Secretary Ken Sanchez,Chairman