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HomeMy WebLinkAbout1993-03-08 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS MARCH 8,1993 The regular meeting of the Board of Adjustment of the City of Apache Junction,Arizona was held on March 8,1993 at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated March 8,1993 accepted. Minutes for December 7.1992 regular meeting and December 11,1992 special meeting approved as presented. BA -1-93 (White)appeal denied. 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 Mari Gardner Elise Kelley Ken Bluntschly George Graham Staff Present:Sandy Whitten,Interim Executive Secretary/ Deputy Zoning Administrator Jim Nakagawa,Planning Division Manager Jackie LeCount,Recording Secretary Others Present Marlene White 1000 S.Idaho Road #678 Apache Junction AZ 85219 Kenneth Bockin 1000 S.Idaho Road Apache Junction AZ 85219 Jeannette C.Dell 1000 S.Idaho Road #2338 Apache Junction AZ 85219 ACCEPTANCE OF AGENDA) )Board Members Gardner/Bluntschly - M/S "I MOVE WE ACCEPT THE AGENDA DATED MARCH 8,1993." vote:6-0 The motion carried. BOARD OF ADJUSTMENT MINUTES MARCH 8,1993 PAGE ONE OF SEVEN APPROVAL OF MINUTES) )Board Members Bluntschlv/Leffler M/S "I MOVE WE APPROVE THE REGULAR MINUTES DATED DECEMBER 7,1992 AND THE SPECIAL MEETING MINUTES DATED DECEMBER 11,1992." VOTE:6-0 The motion carried. PUBLIC HEARINGS CASE BA -1-93 (WHITE Chairman Pfeifer opened the public hearing and requested staff brief the Board. Deputy Zoning Administrator Sandy Whitten briefed the Board regarding site information and stated that Mrs.Marlene E.White owns two lots in the Roadhaven Subdivision.These two lots are located next door to each other.One lot is developed with a park model and the other lot is occupied part of the time with a large luxury recreational bus.Apparently, each of these lots has a storage building within close proximity of the common property line and Mrs.White has a golf cart that she maintains year round at this location.It is Mrs.White's desire to roof and enclose the areas between the two existing storage buildings to serve as a garage for her golf cart. She continued to say as identified previously,setbacks have been reduced to 3'from any property line.Further,it was,at that time,the determination of the Apache Junction Unified Fire District that a minimum width of 6' was acceptable as access to provide fire protection.Mrs. White's proposed plan would not be in accordance with the setback requirements. In addition,it should be pointed out,that under the 1991 edition of the Uniform Building Code,as adopted by the City of Apache Junction, it is permissible to construct detached accessory buildings which do not exceed 120 square feet in roof area and which are only one story in height without a building permit.Apparently,Mrs.White has two of these structures which she apparently wishes to connect by means of roof and walls.If and when this should occur,Mrs.White needs to understand that the entire structure,both the sheds and the garage will require a building permit and the entire structure will be required to comply with the adopted codes for the purposes for which it is to be used. She added that Mrs.White is asking for a variance from the requirements because she owns both lots and wished to house the golf cart at this particular location.Some of the neighbors have advised her that they have no objection.Mrs.White feels that she has a special situation that other land owners in the area do not have. BOARD OF ADJUSTMENT MINUTES MARCH 8,1993 PAGE TWO OF SEVEN Ms. Whitten concluded by saying that the issue here is whether or not there are extenuating circumstances which actually make these two particular lots different from other lots zoned the same and/or whether or not the Board may allow a reduction in yard requirements where,in the Board's judgement,the shape of the building site,topography,location of existing buildings,or other conditions make a strict compliance with said regulations impossible without practical difficulty or hardship. Chairman Pfeifer thanked Ms.Whitten and asked if there were any questions. Mrs.Gardner asked if one or both lots were to be sold,how would this affect the variance. Ms.Whitten replied that the reason Mrs.White feels that she has a special circumstance is because she is the owner of the two lots adjoining each other and having control of both,there would not be a question as to whether it was desired by both lot owners.On the other hand,in the future that may not be the case.Ownership could change and the lots could be owned by two different owners.That could have an affect on the deliberations. Mr.Graham asked if there was any type of divider between the two lots or is it one solid slab covering both locations. Ms.Whitten said it may be all concrete between the two. Whether there was a seam in the concrete or not she was not sure. Mr.Graham stated that he had driven by the property in question and noticed it was one continual slab. Mrs.Kelley asked what the C.C.&R's called for in that development. Ms.Whitten answered that since the last requested zoning change by Roadhaven,the requirements should be a 3'setback from the property line.Roadhaven started out at 20'between structures on different lots.There have been several amendments over the years. She continued to say that Mrs.White should be aware that if she is granted the variance she would need to obtain approval through the architectural committee which is a requirement before any permit could be issued. Mrs.Kelley questioned whether Mrs.White would be allowed to change her two lots into one parcel. Ms.Whitten answered that she is not aware of any deed restrictions that would prevent Mrs.White from combining her lots into one parcel. BOARD OF ADJUSTMENT MINUTES MARCH 8,1993 PAGE THREE OF SEVEN Mr. Pfeifer asked if Mrs. White could request from Planning and Zoning that the two lots be combined as one parcel. Ms.Whitten said she would have the right to do a lot tie and use the two lots as one but by doing that she would only be allowed to have one dwelling on the lot. Mr.Pfeifer asked if there were any more questions.As there were none,he asked for staff recommendation. Ms. Whitten said it was staff's recommendation that a variance not be granted.A more appropriate avenue to pursue in this circumstance would be to apply for an amendment to Roadhaven's planned development zoning district. She explained that if such a variance is granted,Mrs.White should be notified that the two separate existing sheds which are each presently exempt from building permit requirements,will be subject to building permit requirements as well as in the area she wishes to enclose between the two existing sheds.This means that a permit will be required for the entire area. In addition,depending on proximity to other structures on both lots,there may be a need for modification of existing walls to include fire -rating requirements of the Uniform Building Code as adopted by the City. Mr.Pfeifer asked the applicant if she wished to speak. Mrs. White, 2616 and 2618 Seminole, addressed the Board stating that at the present time,the areas between the two existing storage buildings is wasted space and she is requesting that she use that area to build a garage to house her golf cart which requires a great deal of maintenance in the summer months.Due to an accident,the golf cart is used as transportation within the subdivision. She added that many of her neighbors in the park support her request for a variance. Mrs.Gardner asked if in the future one or both lots were sold and the new owner or owners did not wish to have the garage on the property line, how would it be resolved. Mrs.White answered that if her request for a variance was approved,a condition would be written into the deed regarding the removal of the garage. Chairman Pfeifer asked if there were any questions.There being none,he asked if there was anyone present who would like to speak in favor of the applicant's request. Kenneth Bockin,1001 N.Idaho Road, Apache Junction introduced himself as a neighbor of the applicant and stated that in his opinion he viewed this request as a necessity and has no objections. BOARD OF ADJUSTMENT MINUTES MARCH 8,1993 .PAGE FOUR OF SEVEN Chairman Pfeifer thanked Mr.Bockin and asked if there was anyone else present that would like to speak in favor of the request.There being none,he asked if there was anyone present wishing to speak in opposition of the request. Jeannette C. Dell, 2338 and 2340 Walla Walla, Roadhaven Resort, Apache Junction,explained that when a neighbor approached the City regarding a request to place a park model on the lot contrary to the Rules and Regulations of the Roadhaven Homeowners Association,he was told that as long as the setback requirements of Roadhaven's Planned Development zoning classification (Ordinance No.827) which requires a minimum setback from a property line of three feet was observed,the Roadhaven Park had the right to the final say in what can and cannot be done in the Park. She felt that if people constantly try to get variances to satisfy their own personal convenience,the value of property may deteriorate. Mrs.Kelley questioned why Mrs.Dell purchased two additional lots in Roadhaven Resort. Mrs.Dell explained that several people in Roadhaven Resort have purchased more than one lot.One reason being, Roadhaven reduced lot prices and encouraged homeowners to purchase additional lots.A second reason is because if in the future the R &R's ever change,owners adjacent to their property would not be able to put their park model next to their patio. Chairman Pfeifer asked the applicant if she wished to respond to the opposition. Mrs. White said she did not understand clearly the reason Mrs. Dell is against her request other than the setbacks. Mrs.Dell said she felt the rules and regulations should be observed by all the residents of Roadhaven Park and if one variance was granted It could set a precedence for others who may want a variance for their own particular reason. Mrs. White thanked the Board for giving her the opportunity to present her request to them. could be stored. Mr. Leffler asked if there was another place that the golf cart Mrs. White answered that there had been a free-standing awning but when the lots across the street were sold she could not back her bus out around the free-standing awning so it was removed. Mrs.Gardner asked if she has ever considered using a cover that is designed for vehicles. BOARD OF ADJUSTMENT MINUTES MARCH 8, 1993 , PAGE FIVE OF SEVEN season. being none,he NOTION Mrs.White said covers do not last.They deteriorate in one Chairman Pfeifer asked if anyone had anymore questions.There closed the hearing to the public. Board Members Leffler/Bluntschlv-M/S "I MOVE THAT THE VARIANCE FROM THE SIDE YARD SETBACK REQUIREMENTS OF ROADHAVEN SUBDIVISION'S PLANNED DEVELOPMENT ZONE,WHICH REQUIRE A MINIMUM SIDE SETBACK OF 3'FROM ANY PROPERTY LINE,IN ORDER TO CONSTRUCT A GOLF CART GARAGE OVER SAID SIDE PROPERTY LINE BETWEEN LOTS 310 AND 311 IS HEREBY DENIED. FINDINGS OF FACT: 1.§9-462-06 SECTION G,SUBSECTION 2 STATES A BOARD OF ADJUSTMENT: HEAR AND DECIDE APPEALS FOR VARIANCES FROM THE TERMS OF THE ZONING ORDINANCE ONLY IF,BECAUSE OF SPECIAL CIRCUMSTANCES APPLICABLE TO THE PROPERTY, INCLUDING ITS SIZE,SHAPE,TOPOGRAPHY,LOCATION, OR SURROUNDINGS,THE STRICT APPLICATION OF THE ZONING ORDINANCE WILL DEPRIVE SUCH PROPERTY OF PRIVILEGES ENJOYED BY OTHER PROPERTY OF THE SAME CLASSIFICATION IN THE SAME ZONING DISTRICT." VOTE:5-1 (Mr.Graham voting against the motion) OLD BUSINESS None NEW BUSINESS Ms.Whitten informed the Board Members that the City Manager's office is aware of a current vacancy on the Board but presently there are no Talent Bank Applications to choose from and asked the Board's help in locating new members. REQUEST OF STAFF Mr.Bluntschly questioned why the agenda reads "Request of Staff"instead of "Direction to Staff"as they have requested. BOARD OF ADJUSTMENT MINUTES MARCH 8,1993 PAGE SIX OF SEVEN Ms.Whitten explained that according to regulations,a Board does not "Direct Staff",they makeRequests of staff". INFORMATION AND REPORTS) )Interim Executive Secretary Sandy Whitten reported to the Board that Sharon Holton was no longer employed with the City of Apache Junction and that Jackie LeCount has volunteered to act as Recording Secretary to the Board of Adjustment for future meetings. Mr.Bluntschly asked if on future agendas "Request of Staff could be changed to read "Request to Staff". Ms.Whitten said she sees no problem with that. Ms. Whitten informed the Board that Mega Foods does have an application in and the site work is in progress. SELECTION OF MEETING DATES,TIMES,LOCATIONS AND PURPOSES EXECUTIVE SESSION APRIL 12,1993 WORK SESSION APRIL 12.1993) )Board Members Gardner/Bluntschlv - M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M. ON APRIL 12,1993 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON APRIL 12,1993 AND A REGULAR MEETING BE HELD AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS IF THERE IS ANYTHING ON THE AGENDA." VOTE:6-0 The motion carried. ADJOURNMENT )There being no further business to discuss,and with no objections,Chairman Pfeifer adjourned the meeting at 8:15 P.M. C Sandy Wittenkintirim Executive ames Pfeifer,Chair BOARD OF ADJUSTMENT MINUTES MARCH 8,1993 PAGE SEVEN OF SEVEN Secretary