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HomeMy WebLinkAbout1994-02-07 BOA MINUTES BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS FEBRUARY 7, 1994 The regular meeting of the Board of Adjustment of the City of Apache Junction, Arizona was held on February 7, 1994 at the Apache Junction City Council Chambers, pursuant to the notice required by law. SYNOPSIS Agenda dated February 7, 1994 accepted Minutes for January 10, 1994 approved as presented Case BA-2-93 (Swigart) denied CALL TO ORDER Chairman Pfeifer called the meeting to order at 7:00 p.m. ROLL CALL Board Members Present: Jim Pfeifer, Chairman Howard Littell Mari Gardner George Graham Elise Kelley Board Members Absent: Will Leffler, Vice-Chairman Staff Present: Jim Nakagawa, Executive Secretary Rudy Esquivias, Associate Planner Jackie LeCount, Recording Secretary Others Present: Frank and Suzette Swigart 386 S. Silver Drive Apache Junction AZ 85220 Mary Blazer 426 S. Silver Drive Apache Junction AZ 85220 Joseph Kalinzewaski 1355 W. 4th Avenue Apache Junction AZ 85220 Arnold Anderson 375 S. Gold Drive Apache Junction AZ 85220 BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE ONE OF EIGHT Burt Block 376 S. Gold Drive Apache Junction AZ 85220 Marguerite Barry 270 S. Gold Drive Apache Junction AZ 85220 Chuck Russell 1381 W. 4th Avenue Apache Junction AZ 85220 Ralph Swearingen 348 S. Gold Drive Apache Junction AZ 85220 ACCEPTANCE OF AGENDA ) Board Members Gardner/GrahamMIS "I MOVE WE ACCEPT THE AGENDA DATED FEBRUARY 7, 1994" VOTE: 5-0 The motion carried. APPROVAL OF MINUTES} Board Members Kelley/Littell M/S "I MOVE WE APPROVE THE MINUTES DATED JANUARY 10, 1994 VOTE: 5-0 The motion carried. PUBLIC HEARINGS } CASE BA-2-93 (Swigart) Chairman Pfeifer opened the public hearing and requested staff brief the Board. Mr. Esquivias informed the Board that Azure Skies subdivision plat was approved in the latter part of 1970. It consists of 121 residential lots; the subdidivision has not changed since it was originally platted. The north part of the subdivision is zoned TH (Trailer Homesites) . TH allows both conventional and manufactured homes. South of 4th Avenue is zoned CR-3, which allows conventional homes only at medium density. The Swigarts own two lots, Lot 10 and Lot 11 which are directly next to each other. BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE TWO OF EIGHT They have made this request for an additional dwelling unit, according to their application, for the purpose of taking care of their folks who have health problems. They also stated that they believe the subdivision was originally designed with R.V. hookups in mind. The site has received a violation for having an R.V. hooked up. There have been a couple of complaints against the property. In talking with Mrs. Swigart we asked if it would be possible if her parents could move in with her until their health problems improved. That was not a preferred solution. Apparently, it was too late to get them into the RV park next door. In regards to the possibility that Azure Skies may have been designed with RVs in mind, it was not determined if that was the case or not. It was originally approved by Pinal County and perhaps it was approved under a different set of zoning regulations. Whatever the case may be, the City now has its own set of zoning regulations in place and does not allow more than one (1) dwelling unit per lot unless it is a grandfathered situation, trailer park or a caretaker's residence in certain zones. There are many reasons why the one-per-lot rule is a good idea, including: precluding possible septic tank failure and groundwater contamination because of over-burdened septic tanks. In other parts of the staff report we speak of other lots in Apache Junction having four or five units on a lot. It is a problem that exists throughout the City especially during the wintertime when the winter visitors arrive and have friends visit. It is a problem we have to deal with quite a lot. Another reason is landlocked dwellings and/or parcels are not created. That is basically a health and safety issue. High property values and attractive neighborhoods are more likely to exist in areas where the housing stock is well maintained and homogeneous. Its a planning principle that communities are allowed more control over housing densities in different areas, better enabling them to plan and create a diverse complement of housing types and neighborhoods. Multiple dwelling units on individual lots are still a big problem in Apache Junction. The Zoning Ordinance, under the Powers of the Board of Adjustment, specifically calls out a Section which states that the Board's powers do not apply to allowing a house or trailer in any residence zone where the use of such trailers for permanent residential purposes is prohibited. There would not be a cause for the Board of Adjustment to allow a temporary variance or something to that affect to specifically allow travel trailers on single- family lots. In regards to the issue of it being a temporary or permanent dwelling, for all practical purposes, our point of view has been that there is no such thing as a temporary use. Once it is there it is very hard to get rid of. Mr. Esquivias said there are four conditions which must be satisfied in order to grant a variance: BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE THREE OF EIGHT 1. That the characteristics of the property make it eligible for a variance. 2. That the variance have no adverse effect on the public. 3. That the variance have no adverse effect on the neighborhood. 4. That practical difficulties or unnecessary hardship would result by having to strictly comply with the Zoning Ordinance. He said it is staff's opinion that this particular case and this particular request does not satisfy any of the criteria for the granting of a variance because: 1 . The subject site has no special characteristics, either in topography or shape, or in relation to any of the rest of the lots in the subdivision, that would merit special consideration. 2. The granting of this variance would have an adverse effect on the public because it would negatively compromise the purpose and intent of the Zoning Ordinance, possibly encouraging perpetuation of other nonconformities. 3. The granting of this variance would have an adverse effect on the neighborhood because it might begin to set a precedent for the allowance of other nonconforming structures, and it could lead to a decrease in property values because of instability in the housing stock. 4. Any practical difficulties or unnecessary hardship in this case appear to be self-imposed. There are many RV parks throughout the City which could accommodate travel trailers. The issue in this case as in other cases similar is does the Board of Adjustment believe that there is a special situation, relative to the subject site, which does not pertain to other land owners in the area? Mr. Esquivias stated that the Planning Division recommends denial of this case for the reasons listed above. Chairman Pfeifer thanked Mr. Esquivias and asked if there were any questions. As there were none, he asked the applicants if they wished to address the Board at this time. BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE FOUR OF EIGHT Mrs. Swigart, 386 S. Silver Drive explained that she spoke with numerous people in Azure Skies and there have always been areas for R.V. hookups and visitors which she believed were there to be used. She explained that the hardship was not self-imposed. She had planned for her folks to come because her mother has severe back problems and diabetes which also needs to be watched. Foot surgery has just been completed which has impaired her mother further. She continued to say that they have worked diligently to see that the property is kept clean and acceptable to the entire neighborhood and felt that a variance should be granted because they have a monetary and emotional hardship. Chairman Pfeifer asked for further questions by the Board. Hearing none, he asked if there was anyone who would like to speak in favor of the applicant's request. Mary Blazer, 426 S. Silver, Apache Junction, explained that others in the neighborhood have travel trailers which she feels are being used for the same purpose. She stated that she would do the same thing for her son's trailer and does not feel it is a problem. Chairman Pfeifer asked if anyone else wished to speak in favor of the applicant's request. There being none, he asked if there was anyone who wished to speak in opposition to the applicant's request. Joseph Kalinzewaski , 1355 W. 4th Avenue, Apache Junction, stated that multiple dwelling units on individual lots have been a problem in the past and the Swigart's have placed the trailer on an easement which is a restriction. He pointed out that if the applicant's request was granted, it would encourage others in the neighborhood to place a second recreational vehicle on their lot as an additional dwelling unit. He inquired as to why the applicant's could not put the trailer on the lot next to them which they own. Chairman Pfeifer thanked Mr. Kalinzewaski and asked if there was anyone else who wished to speak in opposition to the applicant's request. Arnold Anderson, 375 S. Gold Drive, Apache Junction agreed with Mr. Kalinzewaski 's reasons for opposing the request and added that the rule of one dwelling per lot should remain unchanged. Chairman Pfeifer thanked Mr. Anderson and asked if there were any questions of the Board. There being none, he asked if anyone else wished to speak in opposition to the applicant's request. Burt Block, 376 S. Gold Drive, Apache Junction, commented that he had looked at various lots in the area and purchased property in Azure Skies because the lots are maintained neat and attractive. He added that the one dwelling per-lot rule should not be changed. BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE FIVE OF EIGHT Chairman Pfeifer thanked Mr. Block and asked the Board if they had any questions of Mr. Block. There being none, he asked if anyone else wished to speak in opposition to the applicant's request. Marguerite Barry, 270 S. Gold Drive, Apache Junction, stated that she has been in Azure Skies for 23 years; has one family dwelling and one septic tank per family and wishes to see it remain that way. Chairman Pfeifer thanked Mrs. Barry and asked if anyone else wished to speak in opposition to the applicant's request since the Board had no questions. Chuck Russell , 1381 W. 4th Avenue, Apache Junction said he is representing Lucy Richardson and she has asked him to listen to the staff report and is in agreement with the staff denial . He questioned the mailing of the 300' notices and asked if they were sent to everyone in the subdivision or just to those within a 300' radius. Mr. Nakagawa answered that the 300' notices are only mailed to the property owners within a 300' radius of the location. The Chairman thanked Mr. Russell and asked if there was anyone else who wished to speak in opposition to the applicant's request. Ralph Swearingen, 348 S. Gold Drive, Apache Junction stated that he is greatly opposed to the request and does not want the trailer to remain there. Chairman Pfeifer asked if anyone else wished to speak. Since no one wished to speak, he closed the public hearing and asked for a motion. MOTION ON CASE BA-2-93 } ) Board Members Kelley/Graham - M/S "I MOVE THAT CASE BA-2-93, A REQUEST FOR A VARIANCE TO SECTION 15.0803.1 , REQUESTING TO USE ONE (1) RECREATIONAL VEHICLE AS AN ADDITIONAL DWELLING UNIT ON A SINGLE PARCEL, BE DENIED. IN DENYING THIS APPLICATION, THE BOARD BASES ITS DECISION ON THE FOLLOWING FINDINGS: 1) The subject site has no special characteristics, either in topography or shape, or in relation to the rest of the lots in the subdivision, that would merit special consideration. 2) The granting of this variance would have an adverse effect on the public because it would negatively compromise the purpose and intent of the city's Zoning Ordinance, thus possibly encouraging the building and/or perpetuation of other similar nonconforming uses. BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE SIX OF EIGHT 3) The granting of this variance would also have an adverse effect on the neighborhood because not only might it begin to set a precedent for the allowance of other nonconforming structures, but it may also lead to a decrease in property values." VOTE: 5-0 Unanimous The motion carried. OLD BUSINESS None NEW BUSINESS None REQUESTS OF STAFF Mrs. Gardner said it was mentioned by someone in the audience that there are several violations in Azure Skies. She asked if these violations were going to be investigated by staff. Lora Isaacs answered that Code Enforcement Officers are not proactive but act on a complaint basis. However, in this particular situation, the Code Enforcement Office will investigate similar zoning violations in Azure Skies based on information provided by residents attending the Board meeting this evening. INFORMATION AND REPORTS ) ) Executive Secretary Jim Nakagawa noted that it has been a while since the Board has met. He said Lora Isaacs is the new Acting Zoning Administrator, replacing Sandy Whitten. Also, Rodney Class-Erickson, Associate Planner has taken another position in New Mexico. He then introduced Lora Isaacs to the Board. SELECTION OF MEETING DATES, TIMES, LOCATIONS AND PURPOSES EXECUTIVE SESSION ON MARCH 7, 1994 WORK SESSION ON MARCH 7, 1994) Board Members Gardner/Kelley M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M. ON MARCH 7, 1994 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE SEVEN OF EIGHT AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M. ON MARCH 7, 1994 AND A REGULAR MEETING BE HELD AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS." VOTE: 5-0 The motion carried. ADJOURNMENT ) There being no further business to discuss, and with no objections, Chairman Pfeifer adjourned the meeting at 7:43 P.M. James Nakagawa, E ec tive Secretary ames Pfeifer, a7p/r�� m BOARD OF ADJUSTMENT MINUTES FEBRUARY 7, 1994 PAGE EIGHT OF EIGHT