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HomeMy WebLinkAbout1992-12-07 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS DECEMBER 7, 1992 The regular meeting of the Board of Adjustment of the City of Apache Junction, Arizona was held on December 7, 1992 at the Apache Junction City Council Chambers, pursuant to the notice required by law. SYNOPSIS Agenda dated December 7, 1992 accepted. BA -2-92 (Stobierski)was approved granting a variance from 500/ to 400/ for a crematorium. A special meeting date was set in order to take action requesting City Council remove and replace absent member. CALL TO ORDER Chairman Pfeifer called the meeting to order at 7:00 p.m. ROLL CALL Board Members Present:Jim Pfeifer, Chairman Will Leffler, Vice Chairman Ken Bluntschly Mari Gardner George Graham Elise Kelley Board Members Absent:Ken Sanchez Staff Present: ACCEPTANCE OF AGENDA 1992." Sandy Whitten, Interim Executive Secretary/Deputy Zoning Administrator Sharon Holton, Recording Secretary Board Members Gardner/Kellev - M/S "I MOVE WE ACCEPT THE AGENDA DATED DECEMBER 7, VOTE:6-0 The motion carried. BOARD OF ADJUSTMENT MINUTES DECEMBER 7,1992 PAGE ONE OF SIX APPROVAL OF MINUTES) Board Members Gardner/Bluntschlv - M/S "I MOVE WE APPROVE THE MINUTES DATED NOVEMBER 9, 1992." VOTE: 6-0 The motion carried. PUBLIC HEARINGS CASE BA -2-92 (Stobierski) Chairman Pfeifer opened the public hearing and requested staff brief the Board. Ms. Whitten informed the Board that this case involved an application of Stanley S. and Marilyn G. Stobierski, owners of record of the property at 325 East 4th Avenue, represented by Jack R. Taylor, requesting a variance from Section 16.0201.f. which requires a crematory to be a minimum of 500 feet from property in a rural or residential zone.Ms.Whitten explained that the applicants proposed the housing of a retort in order to do cremation in conjunction with their business,the Apache Junction Mortuary.The structure housing the crematorium would be approximately 400 feet from rural (General Rural) zoning east of the designated parcel. She advised that the zoning designation assigned to the parcel is CB -2 (General Business) which allows for crematoriums, but which has a requirement for a 500' separation from residential or rural zoning. Ms. Whitten stated that she had made inquiries of the manufacturer of the retort proposed for installation and said she was advised that the appliance must meet the most stringent environmental standards emitting no odor,smoke nor creating noise discernible outside the building.She was also informed that twelve states have permitted the retorts and a special or conditional use permit is required only in instances where there would be a 200' or less distance from a residence.She said that the 500' separation requirement may be a holdover from the adoption of the Pinal County zoning laws and with all the technological advances of the last twenty years,it may be a needless requirement. Ms.Whitten said it was the staff's recommendation to approve the request for a variance in this case. BOARD OF ADJUSTMENT MINUTES DECEMBER 7, 1992 PAGE TWO OF SIX Chairman Pfeifer thanked Ms. Whitten and asked if there were any questions.As there were none, the Chairman asked the applicant or his representative if he wished to address the Board at this time. Jack R. Taylor, 1052 South Palo Verde, Director of the Apache Junction Mortuary, represented the applicants.He said he wishes only to state that seven out of ten mortuaries offering cremation have such facilities on site without the necessity of moving the decedents.He stated that he had frequented a restaurant in the area for some time before realizing that the mortuary one door away used a crematorium housed in the building.He said that he was not aware of any smoke, odor or noise which would have alerted anyone dining at the restaurant. Board Member Kelley asked Mr. Taylor whether any animals would be cremated in this facility? Mr. Taylor replied there would be no animal cremations. Chairman Pfeifer asked if anyone else wished to speak in favor of the applicant's request. Stan Stobierski, 6832 West Thunderbird Road, Peoria, Arizona, said he was the applicant in this case.He said the architect for the building remodeling was present and he would like him to show the plans for upgrading the building exterior and surroundings to present a more attractive view to the public. Ray Burstein, 4513 North 12th Street, Phoenix, introduced himself as the architect and asked to pass out blueprints and a conceptual exterior view of the facility as envisioned upon completion of the remodeling. Chairman Pfeifer asked those in opposition to this request by the applicants to please address the Board with their opposing views. Alan Bulman, 537 West State Avenue, Phoenix, told the Board that he and his partners owned four acres across Outpost Road to the west from the proposed crematorium site.He said that he opposed the siting of such a facility across from his prime location and said he did not feel that it was in the best interest of the city.He said he felt that it would be the perception, not the actuality of the structure, that may discourage a future purchaser of this property from wanting to locate a business close to a crematorium. BOARD OF ADJUSTMENT MINUTES DECEMBER 7, 1992 PAGE THREE OF SIX Chairman Pfeifer confirmed that Mr. Bulman had no existing businesses or structures on the four acres at this time. Mr. Leffler responded to Mr. Bulman's concerns by telling of the furniture store in his hometown that housed the funeral home in the back of the premises.He stated that it didn't seem to inhibit customers from patronizing the furniture store. Mr. Graham offered that it was his conception that the building housing the retort would not advertise on the outside of the building that it was a crematorium or a funeral home. Chairman Pfeifer called for rebuttal to the comments made against the use proposed. Ray Burstein said that they planned to be sensitive to the surrounding properties and he did not think it was going to adversely affect or be detrimental. Mr. Leffler asked about plans for landscaping and was informed that both properties will be landscaped in a like fashion.He also inquired about parking. Mr. Burstein stated that the parking would remain as it was behind the mortuary. Ms. Whitten reminded the Board that what was being considered was whether there was adequate reason to allow a reduction between that use in that zone and a residential zone, not another commercial zone. Mrs. Kelley inquired if there was a cemetery in the City, and how many requests a month the mortuary received for cremation? Mr. Taylor advised there was no cemetery within the city limits, and during the winter, the mortuary received probably 20 to 25 cremation requests.In answer to a further question, he said the time it takes to cremate a body depends on the size and would normally be in the range of two or four hours. Mr. Bulman addressed the Board saying that he was still concerned regarding the landscaping and maybe the extent of landscaping required could be spelled out. Mr. Stobierski stated that he had been working on the plans for installing the crematory for at least a year.He said that in regard to keeping the building unobtrusive, it would not carry a sign on the outside identifying itself as a crematory BOARD OF ADJUSTMENT MINUTES DECEMBER 7, 1992 PAGE FOUR OF SIX and that the landscaping would be in keeping with the surrounding property to include Mr. Bulman's present property with only desert landscaping visible. At this time, Chairman Pfeifer closed the public hearing at 7:45 p.m.There was a brief description by staff of the uses and zoning on the surrounding land. MOTION Board Members Bluntschly/Leffler - MIS "I MOVE THAT IN CASE BA -2-92, THE VARIANCE FROM SECTION 16.0201, SUBSECTION F. REGARDING THE SEPARATION REQUIREMENT BETWEEN A CREMATORY AND A RURAL OR RESIDENTIAL ZONE,ALLOWING A REDUCTION FROM 500' TO 400' BE APPROVED. FINDINGS OF FACT: 1.THAT THE APACHE JUNCTION MORTUARY WISHES TO PROVIDE AN ADDITIONAL SERVICE FOR RESIDENTS OF THIS COMMUNITY WHICH IS OTHERWISE UNAVAILABLE LOCALLY AND WHICH IS NORMALLY CONSIDERED AN ACCESSORY USE TO A MORTUARY; 2.THAT IT IS THE INTENT OF THE APACHE JUNCTION MORTUARY TO RENOVATE THE EXISTING STRUCTURE ON THE PREMISES AND UPGRADE ITS APPEARANCE AND, IF NECESSARY, CONSTRUCT AND IMPROVE THE AREA IN QUESTION; 3.THAT IT APPEARS THAT THE TYPE OF CREMATORY BEING PURCHASED WILL NOT EMIT ANY NOISE, ODOR OR SMOKE AND WILL NOT BE A HAZARD OR HINDRANCE TO THE RESIDENTIAL PROPERTY WHICH IS BETWEEN 400' AND 500 1 FROM THE SITE OF THE PROPOSED CREMATORY AND THAT IT WILL BE AN ASSET TO THE NEIGHBORHOOD AND THE PEOPLE WHO RESIDE IN OUR COMMUNITY. VOTE:6-0 (Unanimous) Case BA -2-92 was approved granting the variance. OLD BUSINESS None. BOARD OF _ADJUSTMENT MINUTES DECEMBER 7, 1992 PAGE FIVE OFSIX NEW BUSINESS None. INFORMATION :AND REPORTS None. SELECTION OP MEETING DATES, TIMES, LOCATIONS AND PURPOSES SPECIAL MEETING, DECEMBER 11, 1992 EXECUTIVE SESSION JANUARY 11, 1993 WORK SESSION JANUARY 11. 1993) )Board Members Bluntschlv/Leffler - MIS "I MOVE THE BOARD CALL A SPECIAL MEETING ON FRIDAY, DECEMBER 11, 1992 AT 12t30 PM, WITH A LOCATION TO BE DETERMINED BY STAFF, WITH THE AGENDA THE PURPOSE OF WHICH WILL BE TWO -FOLD;(1)ADDRESSING THE ABSENTEEISM OFA BOARD MEMBER,(2) TAKE ACTION REGARDING THE ADDITION OF A REGULAR AGENDA ITEM TO "GIVE DIRECTION TO STAFF" FROM THIS BOARD; CONTINUING, THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 PM, AND A WORK SESSION BE HELD AT 6:45 PM, AND THE REGULAR MEETING AT 7:00 PM ON JANUARY 11, 1993 IN THE CITY COUNCIL CHAMBERS. VOTE: 6-0 The motion carried. ADJOURNMENT )There being no further business to discuss, and with no objections, Chairman Pfeifer adjourned the meeting at 8:03 PM. Sandy Wh ames Pfeifer, C Interili Executive Secretary BOARD OF ADJUSTMENT DECEMBER 7, 1992 PAGE SIX OF SIX