Loading...
HomeMy WebLinkAbout1995-05-08 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS MAY 8,1995 The regular meeting of the Board of Adjustment of the City of Apache Junction,Arizona was held on May 8,1995 at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated May 8,1995 Minutes for July 11,1994 approved. BA -2-95 (Apache Villa)Denied. CALL TO ORDER ROLL CALL Chairman Pfeifer called the meeting to order at 7:00 Board Members Present:Jim Pfeifer,Chairman Mari Gardner George Graham Elise Otero Howard Littell Staff Present: Others Present: BOARD OF ADJUSTMENT MAY 8,1995: PAGE ONE OF!TEN Jim Nakagawa,Planning Division Manager Rudy Esquivias,Associate Planner Bob Mayes,Deputy Zoning Administrator Jackie LeCount,Recording Secretary Gordon Haack 1695 W.13th Avenue Apache Junction AZ 85220 Lucille Brown 1208 S.Ocotillo Apache Junction AZ 85220 John Kitsman 11 N.Main Street Apache Junction AZ 85220 ACCEPTANCE OF AGENDA Pat Newcomb 981 S.Ocotillo Apache Junction AZ 85220 )BOARD -MEMBERS Gardner/Graham MIS "I MOVE WE ACCEPT THE AGENDA DATED MAY 8,1995." VOTE:5-0 Unanimous The motion carried. APPROVAL OF MINUTES ) BOARD MEMBERS Gardner/Otero M/S "I MOVE THAT WE ACCEPT THE MINUTES DATED JULY 11,1994 AS PRESENTED." VOTE:5-0 Unanimous The motion carried. PUBLIC HEARINGS CASE BA -2-95 )Chairman Pfeifer opened the public hearing for Case BA -2-95, an application of Apache Villa Homeowners Association (Appeal of Zoning Administrator's Decision)and asked for staff briefing. Associate Planner,Rudy Esquivias informed the Board that this was an appeal of a decision of the Zoning Administrator regarding the Apache Villa Clubhouse addition.The two lots in question are owned by the Apache Villa Homeowners Association.(Lot 57 and 58 of Apache Villa Unit 2,located at the southeast corner of W.12th Avenue and S.Ocotillo Drive. Several property owners near the Apache Villa Recreation Center/Clubhouse have expressed verbal opposition to the Zoning Administrator's zoning clearance approval for the expansion of the clubhouse because of perceived parking and emergency access problems.Apparently,they wish to have the Zoning Administrator's decision overturned. Apache Villa is basically a single-family residential community for conventional homes.It is designated medium density which is 1-6 homes per acre. BOARD OF ADJUSTMENT MAY 8,1995 PAGE TWO OFTEN The Apache Villa Unit 2 subdivision plat was approved by the Pinal County Board of Supervisors in April of 1973.The plat show 72 subdivided lots and one large lot (#58) to be used for "recreation" purposes In the mid 70's Pinal County allowed the clubhouse to be built,apparently, with no on -site parking. Lot #58 is presently developed with the recreation/clubhouse building,a swimming pool,shuffleboard courts,a perimeter block wall and landscaped areas.Lot #57 to the south is used as a dirt parking lot for the clubhouse.The clubhouse lots sit on a corner in the heart of the Apache Villa subdivision (a 55 and older adult community),surrounded by single-family homes. The clubhouse fronts on both 12th Avenue (north side)and Ocotillo (west side), with its front yard designated on Ocotillo.Both streets are 50 -foot -wide dedicated rights -of -way. He said about a year and a half ago,representatives from the Apache Villa Homeowners Association approached the City with a request to expand the clubhouse building to meet the growing needs of the Villa community. Their request was to add 1400 square feet (a 20'x 70'building addition). At that time,it was evident that there was a potential parking issue, however because our Zoning Ordinance does not specifically address a private clubhouse kind of use,some kind of a verbal mo.k."was given by the Zoning Administrator for the 1400 square foot addition even though it was decreasing some of the parking area. Recently,Mr.Gordon Haack,President of Apache Villa Homeowners Association submitted plans for a clubhouse which basically shows a 44'x 66'addition.It will be built in lot #57.This building is large than the one proposed a year ago and reduces the parking area even further. He said the Homeowners Association had voted in favor of the clubhouse and funds have been raised for the construction of the clubhouse.The Zoning Administrator then granted zoning clearance for the building expansion. However,recognizing that some of the neighbors might feel they were being impacted by the parking issue,we sent notices of the Zoning Administrator's decision to all property owners within 300 feet of the clubhouse that there was a building expansion that was going to go on and we gave folks the opportunity to express their concerns. He explained that the Planning Division has considered several issues such as the Zoning Ordinance does not specifically mention standards for clubhouses.The most analogous use mentioned is an 'assembly hall' which required 1 parking space for each 100 square feet of floor area and a building this size which is about 5200 square feet would require 52 parking spaces.Obviously,there is not enough room to accommodate 52 parking spaces. BOARD OF ADJUSTMENT MAY 8,1995 PAGE THREE OF TEN Another issue is that the existing clubhouse does not meet the setbacks normally required in a CR-3 zone.However,it is a different type of use;it is not a residential use and there is an alley behind the building. He said the third issue to consider are the building plans showing construction across property lines.That is a bit of a problem but can be solved by combining lots 57 and 58. Mr.Esquivias explained that when meetings were held with members of Apache Villa,several alternatives were discussed on how they may go about constructing a clubhouse.One alternative was to go two-story.Another was to add on to the west side of the clubhouse. The phone calls received by the Planning Division dealt with access problems and parking problems.As far as the parking issue,there is no problem.There will always be increased parking on the street when certain functions are held.Regarding emergency access,the Fire Marshall's opinion is that the street is wide enough to accommodate emergency vehicles on both sides of the street. Planning Division feels this is a neighborhood issue.We ask that the Board weigh the concerns,pro and con,and based on the facts that we have presented,reach the best solution. Mr.Esquivias read aloud two provisions from the Zoning Ordinance (Section 11.0103 Powers)which speaks of Board of Adjustment powers. He stated that if the Board decides to uphold the Zoning Administrator's zoning clearance approval,the following stipulations should be attached: 1)The President of the Apache Villa Homeowners Association shall be responsible for properly recording the deed restrictions for lots 57 and 58 which state that said lots shall be for the Apache Villa Recreation Hall and that any future change of use or sale of the lots shall be subject to approval by the City of Apache Junction. 2)Lots 57 and 58 shall be combined into one (1)lot through the Pinal County Assessor's Office. He asked Mr.Haack to have the stipulations drawn up by an attorney to include the restrictions. Mr.Pfeifer asked the Board members if they wished to view the overhead transparencies or listen to the phone recordings of concerned callers. BOARD OF ADJUSTMENT MAY 8,1995 PAGE FOUR OF TEN Mr.Nakagawa felt the phone calls should be heard in order for them to be admitted into evidence. Mr.Pfeifer stated that the phone calls would be heard but first he would like to say that there are approximately 50 people in the audience and for those in favor he would like one designated person to speak and for those opposed, one designated speaker.He asked that all remarks be address to him and that each speaker give their name and address and limit their remarks to five minutes. Mr.Esquivias proceeded to play the tape of the concerned callers received by the Planning Division. Caller #1 Many of us residents of Apache Villa are against the building that is planned.The street is far too narrow for cars to park on both sides.Some of us decided that we will sue if emergency vehicles cannot get through.We are a whole bunch of old dilapidated people and not very well.We don't need that new building down there where there will be no parking. It was voted on and was voted down by a majority of the people. They changed the rules and voted again and decided to go ahead with the building.We have decided we will sue the City if emergency vehicles cannot get through if you allow this to go on.(3:54 p.m.,April 14,1995). Caller #2 I want to talk to Mr.Nakagawa;I believe that is his name. I live in Apache Villa and my husband is handi-capped and I wanted to ask why you are giving a permit taking away so much of our parking (9:02 a.m.,April 18,1995). Caller #3 We in Apache Villa are very concerned about parking on the street of Ocotillo if this building goes through because the Ocotillo street is much more narrow than other streets. No vehicles can get by if there is parking on both sides of the street.There are poor old people that go down there. Many have false teeth and could choke on their food when they very well need help and help can't get there or emergency vehicles because their parked just everywhere.I hope somebody will consider this.We are just old people here. Thank you very much.(12:47 p.m.,April,20,1995). Caller #4 We have been out of town and have just returned to hear that they are going to add to the building here at Apache Villa. I was thinking of calling the Fire Marshall.I don't believe BOARD OF ADJUSTMENT MAY 8,1995 PAGE FIVE OF TEN that the parking is going to be adequate.My husband likes to go down there daily and if something happens to him when he is there and the street is blocked.Shall I call the Fire Marshall.You can't tell me because you are not there.I'll get back to the switchboard.Good bye.(10:22 a.m..April 29,1995). Mr.Pfeifer asked the Homeowner's Association President if he wished to speak and if he was speaking on behalf of the those in favor of the construction as well. Gordon Haack introduced himself and said he was the President of the Apache Villa Homeowners Association and lives at 1695 W.13th Avenue.Apache Villa is a community which has a voluntary membership.Each member pays $100.00 per year for the use of the facilities. He said the project was approved approximately 1 1/2 years ago by a vote of 4-1.To date,$30,000 has been collected in voluntary contributions.Membership is by the household. Mr.Haack stated that many letters have been received from people supporting the program and from people with their concerns.The residents are looking to have a better social life.He agreed that at some point when they are holding one of their social functions such as a pancake breakfast,the traffic does get heavy but they usually only last about 2 hours. He spoke of the concern for the handi-capped.The parking lot was going to be primarily handicapped.Approximately 6 parking spaces would be lost with a forty-four foot (44')building. Mr.Haack felt the building is a necessity.The present building is old and the plan is to renovate the building and build bathrooms for the handicapped.Also,have an alley access as a way of escape. He pointed out that he spoke for many of the residents and that they were looking forward to the expansion of the building. Mr.Pfeifer thanked Mr. Haack and asked if their was anyone else in the audience who wished to speak in favor of the project.There was none. He then asked for a representative to approach the podium to speak on behalf of the people opposing the project. Lucille Brown introduced herself and gave her address as 1208 S.Ocotillo Drive.She stated that she is neither for or against the building expansion.She expressed concerns with being boxed in time and time again when small groups met and could not get out of her own drive -way. She also felt that allowing outsiders to attend functions within the subdivision would only add to the congestion. BOARD OF ADJUSTMENT MAY 8,1995 PAGE SIX OF TEN Mr.Pfeifer asked if there was anyone else who would like to speak in opposition of the construction. John Kitsman,1188S. Main Drive, pointed out that prior to the meeting, he measured Ocotillo Drive and it measured 30 feet wide.If one was to park a car on both sides of the street,half the street would be taken up. 12th Street is 6 feet wider as is Main street which does not present a problem. He referred to a previous statement that Ocotillo measured 50 feet.He believed that was incorrect. Chairman Pfeifer explained that the two previous speakers had spoken not necessarily against the construction but voiced their concerns dealing with the parking problems.He asked if there was anyone else who wished to speak in opposition of the construction.The parking problem may be addressed in some other way. Mr.Nakagawa pointed out that the two go hand in hand. Chairman Pfeifer asked if anyone else wished to speak in regards of the construction.There was none. Mr.Littell inquired as to how many residents were present that received a 300'notice informing them of the appeal. A raise of hands showed approximately 10 -12 people. Mrs.Gardner suggested that if someone has a problem with a vehicle blocking their driveway,local police should be called to take care of the situation. Pat Newcomb,981 S.Ocotillo Drive,offered a solution to the parking problem on Ocotillo Drive.If all the vehicles parked on one side of the street,it would not block the residents on the opposite side of the street and emergency vehicles would not have a problem. Chairman Pfeifer asked Mr.Nakagawa what the width of Ocotillo Drive was. Mr.Nakagawa answered that it was perhaps the right-of-way Mr.Esquivias was referring to which includes the sidewalks,curbs,residents lawns and fences.He said what the gentleman was talking about was what they call face -of -curb to face -of -curb. Chairman Pfeifer inquired as to what options the Board had far as designating one side of the road for parking or the other. Mr.Nakagawa replied that it would have to be signed that way by the City Engineer.It would be difficult to enforce it without signage. It may require a traffic warrant to justify a parking restriction on one side. It would basically be :a parking restriction forever. BOARD OF ADJUSTMENT MAY 8,1995 PAGE SEVEN OF TEN Chairman Pfeifer asked if the parking restrictions that were discussed could be addressed to the City by the Homeowners. Mr. Nakagawa explained that if parking is prohibited on the west side of Ocotillo,the people on that side would not be able to have any guest park there.He said they may not be successful but they can try. Mr.Haack stated that it was not as it appears.There is concern regarding someone parking in front of someone else's driveway.That would be a matter for the local authorities to resolve. In this situation, the only blocking would be if someone was blocked across the street but their is sufficient turning radius to back out a vehicle on any part of these streets.One side is where the recreation area is located and there should be no problem on the other side when backing out. Mr.Graham pointed out that if one car was parked on the side it would have 24 feet of access and if cars were parked on both sides, there would still be room for emergency vehicles. Chairman Pfeifer asked if there was anyone else that wished to speak.There being none,he closed the hearing to the public. MOTION ON CASE BA -2-95 ) )Board Members Otero/Gardner- M/S "I MOVE THAT CASE BA -2-95,A REQUEST TO REVERSE THE ZONING ADMINISTRATOR'S DECISION TO GRANT ZONING CLEARANCE FOR THE CONSTRUCTION OF THE APACHE VILLA RECREATION HALL ADDITION,BE DENIED.THIS WOULD UPHOLD THE ZONING ADMINISTRATOR'S DECISION AND THE HOMEOWNERS ASSOCIATION WOULD BE ALLOWED TO CONTINUE WITH THE CONSTRUCTION. IN DENYING THIS APPLICATION,THE BOARD BASES ITS DECISION ON THE FOLLOWING FINDINGS: 1.THERE IS A GRAY AREA IN REGARD TO THE ZONING ORDINANCE PARKING REGULATIONS THAT DO NOT ADDRESS THIS TYPE OF USE. 2.THERE DOES NOT APPEAR TO BE A PROBLEM WITH CONSTRUCTION OF THE BUILDING. 3.THE APACHE JUNCTION FIRE DEPARTMENT HAS NO OBJECTION AND THEY PERCEIVE NO ACCESS PROBLEMS. BOARD OF ADJUSTMENT MAY 8,1995 PAGE EIGHT OF TEN STIPULATIONS ARE AS FOLLOWS: 1 THE PRESIDENT OF THE APACHE VILLA HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR PROPERLY RECORDING THE DEED RESTRICTIONS FOR LOTS 57 AND 58 WHICH STATE THAT SAID LOTS SHALL BE FOR THE APACHE VILLA RECREATION HALL AND THAT ANY FUTURE CHANGE OF USE OR SALE OF THE LOTS SHALL BE SUBJECT TO APPROVAL BY THE CITY OF APACHE JUNCTION. 2.LOTS 57 AND 58 SHALL BE COMBINED INTO ONE (1)LOT THROUGH THE PINAL COUNTY ASSESSOR'S OFFICE. VOTE:4-1 with Mr.Littell dissenting. The motion carried. OLD BUSINESS None REQUEST OF STAFF None INFORMATION AND REPORTS) )Executive Secretary Jim Nakagawa informed the Board members that there were some things going on in the way of zoning amendments.He also reminded them that notices went out to those whose terms will be expiring on June 30,1995. He also reminded the Board that there are two vacancies and asked their help in locating new members. SELECTION OF MEETINGS.TIMES.LOCATIONS AND PURPOSES EXECUTIVE SESSION ON JUNE 12,1995 WORK SESSION JUNE 12,1995 )Board Members Gardner/Otero MIS "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M.ON JUNE 12,1995 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON JUNE 12,1995 AND A REGULAR MEETING BE HELD AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS" VOTE:5-0 The motion carried. BOARD OF ADJUSTMENT MAY 8,1995 PAGE NINE OF TEN ADJOURNMENT ) )There being no further business to discuss,and with no objections,Chairman Pfeifer adjourned the meeting at 7:48 P.M. James At Nakagawa,Execut jakes Pfeifer,Chaie BOARD OF ADJUSTMENT MAY 8,1995 PAGE TEN OF TEN etary