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HomeMy WebLinkAbout1995-07-10 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS JULY 10,1995 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona was held on July 10,1995 at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated July 10,1995 -Accepted Minutes for May 8,1995 -Approved BA -2-95 (Apache Villa)-Approved CALL TO ORDER ROLL CALL Chairman Pfeifer called the meeting to order at 7:00 p.m. Board Members Present: Staff Present: Others Present: Jim Pfeifer,Chairman Mari Gardner George Graham Howard Littell Jim Nakagawa,Planning Division Manager Rudy :Esquivias,Associate Planner Kate Morris,Associate Planner Jackie LeCount,Recording Secretary Elizabeth Bordenkircher 1430 S.Main Drive Apache Junction AZ 85220 ELECTION OF OFFICERS ) )Chairman Pfeifer passed the gavel to Executive Secretary Jim Nakagawa who called for nominations for Chairman of the Board. Mr.Graham nominated Mr.Pfeifer for Chairman,seconded by Mrs. Gardner. BOARD OF ADJUSTMENT AND APPEALS JULY 10,1995 PAGE ONE Mr.Nakagawa called twice for any other nominations.Being none,he closed the nominations for Chairman of the Board of Adjustment and Appeals and asked the Board Secretary to call roll to vote on Mr.Pfeifer's nomination. Vote:4-0 The nomination was approved. Mr.Nakagawa passed the gavel to Chairman Pfeifer who called for nominations for Vice -Chairman. Mr.Graham nominated himself,seconded by Chairman Pfeifer. Chairman Pfeifer called again for nominations and there being none,he closed nominations for Vice -Chairman of the Board of Adjustment and Appeals.He then asked for a roll call vote on Mr.Graham's nomination. Vote:4-0. The nomination was approved. ACCEPTANCE OF AGENDA )BOARD MEMBERS Graham/Littell M/S "I MOVE WE ACCEPT THE AGENDA DATED JULY 10,1995." VOTE:4-0 Unanimous The motion carried. APPROVAL OF MINUTES ) BOARD MEMBERS Gardner/Littell M/S "I MOVE THAT WE ACCEPT THE MINUTES DATED MAY 8,1995 AS PRESENTED." VOTE:4-0 Unanimous The motion carried. PUBLIC HEARINGS CASE BA -2-95 )Chairman Pfeifer opened the public hearing for Case BA -2-95, and asked for staff briefing. THE BOARD OF ADJUSTMENT AND APPEALS JULY 10,1995 PAGE TWO Associate Planner,Rudy Esquivias informed the Board that Case BA -2-95 was heard on May 8,1995 and involved an appeal of the Zoning Administrator's decision to give zoning clearance approval for the building expansion of the Apache Villa Clubhouse.Planning Staff,at that time, recommended to the Board that the Zoning Administrator's decision be upheld and that the building expansion be allowed to proceed with two stipulations. 1.The President of the Homeowners Association have a deed restriction recorded regarding the future use of the building,basically,to insure that the building would always be used for a clubhouse. 2.The two lots in question be combined since the building extension was proposed to go across lot lines. He said there were some parking issues involved at that time.Basically,the site suffers from a lack of on -site parking.However,staff realized that i t is a neighborhood issue in that sense.The Board heard comments from people in the audience,both for and against.Ultimately,the Board chose to uphold the Zoning Administrator's decision and allow the building expansion subject to the two recommended stipulations. A few days after the Board's decision,Mr.Gordon Haack, President of the Homeowners Association,came to the Planning office and submitted a document containing the proposed wording for the deed restriction. The City Attorney reviewed i t and had a problem with the procedure we were going by.He did not believe the wording was correct,but more importantly,it was his opinion that the Homeowners Association would first have to vote on the deed restriction,the reason being that i t was basically a change in their CC&R's otherwise known as Conditions,Covenants and Restrictions.For that reason,the building permit was being held up. It was not the city's intent to hold up construction of the building.Further research was done into the zoning and it was discovered that the uses of the building are fairly limited.CR-3 zoning is a very restricted classification.I t is basically a single-family residential zone and any other use of the building would require a Conditional Use Permit process.Therefore, it appeared a stipulation to record the deed restrictions would not be necessary. Our standard zoning restrictions appear to offer the City adequate protection. He continued to say that the Board is being asked to reconsider this case and rescind the stipulation regarding the deed restriction. A decision of approval would rescind the stipulation,thus allowing building expansion to occur.The building plans have already been approved and the only thing that is holding i t up is this matter.A decision of denial would keep the original stipulations in place and that would necessiate a vote of the Homeowners Association,probably sometime next fall,before the building construction would be allowed to continue which would hold up the building permit another two months. THE BOARD OF ADJUSTMENT AND APPEALS JULY 10,1995 PAGE THREE Mr.Pfeifer asked i f he was correct in assuming that the reasons for a request of the Board of Adjustment to reconsider is because i t is not the intent of the City to hold up construction;that i t appeared to be in excess of the zoning requirements and that the uses now are already fairly limited anyway. Mr.Esquivias answered yes that is correct. Mr.Littell questioned whether we were encouraging a situation of by-passing the Homeowners Association bylaws. Mr.Esquivias answered no,it may actually be the opposite.We asked the Board originally to adopt the deed restrictions and that causes a problem with the Homeowners Association.The recording of the deed restrictions is not necessary. Mr.Pfeifer asked if there were any more questions from the Board members.There being none,he asked if there was anyone in the audience who wished to speak on behalf of the proposed change. Elizabeth Bordenkircher introduced herself and gave her address as 1430 S.Main Drive and stated that the Homeowners Association voted almost unanimously for the building .So far we have raised about $40,000 and more coming in.She did not feel this decision is in conflict with their by- laws. Mr.Pfeifer asked i f there was anyone else who wished to speak in favor of the proposed change the Board is going to vote on this evening. There was none.He then asked if there was anyone in the audience who wished to speak against the proposed change.There was none. Mr.Nakagawa asked if he could offer a word of caution.He said that because this is a matter that is being reconsidered,the motion to reconsider and offer this change must come from someone who had voted on the prevailing side at the previous meeting,so in this case the motion cannot come from Board member Littell. Mr.Pfeifer thanked Mr.Nakagawa for the information and asked that if there is a motion to be made proposing that they rescind the deed restriction,it must come from Mrs.Gardner,Mr.Graham or himself.There being no one else who wished to speak,he closed the hearing to the public. BOARD OF ADJUSTMENT AND APPEALS JULY 10,1995 PAGE FOUR MOTION ON CASE BA -2-95 ) )Board Members Gardner/Graham -MIS OLD BUSINESS None NEW BUSINESS "I MOVE THAT IN THE RECONSIDERATION OF PREVIOUSLY -APPROVED CASE BA- 2 -95,A NEW REQUEST TO RESCIND STIPULATION NO.1,REGARDING THE RECORDING OF THE DEED RESTRICTION LIMITING THE USES OF THE CLUBHOUSE,BE APPROVED. THE REASONS FOR THIS DECISION ARE AS FOLLOWS: 1.DEED RESTRICTION ARE NOT NECESSARY BECAUSE OF THEIR CC&R's. 2.USES OF THE BUILDING ARE ALREADY LIMITED. 3.IT WAS NOT THE INTENTION OF THE CITY TO HOLD UP CONSTRUCTION. 4.A RECORDED DEED MAY APPEAR TO BE IN EXCESS OF OUR NORMAL ZONING REQUIREMENTS". VOTE:3-1 with Mr.Littell dissenting. Mr.Nakagawa stated that the State Department of Commerce will be offering training to the Board of Adjustment 'members sometime in November. REQUEST OF STAFF Chairman Pfeifer asked Mr.Nakagawa to inquire as to extending the term of the Chairman of the Board of Adjustment for more than one year. INFORMATION AND REPORTS Mr.Nakagawa introduced .a new staff member with Planning Division, Kate Morris,Associate Planner. He said a special City Council session was held on Saturday which is called a Council/Staff retreat.Staff hoped to work with the old and new City Council members to set some priorities.Some of the topics discussed were cleaning up the city's image,Economic Development,study the development codes and undertake a growth management program for the City. BOARD OF ADJUSTMENT AND APPEALS JULY 10,1995 PAGE FIVE He continued to say that this evening there is a City Council budget work session. Chairman Pfeifer asked Mr.Nakagawa if he could expedite the process of any new members for the Board of Adjustment since they have been short two members for such a long period of time. Mr.Nakagawa explained that the item was held off and separated from the reappointment item taken care of by the Council. SELECTION OF MEETINGS,TIMES,LOCATIONS AND PURPOSES EXECUTIVE SESSION ON AUGUST 7,1995 WORK SESSION ON AUGUST 17,1995) )Board Members Gardner/Graham M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M.ON AUGUST 7,1995 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON AUGUST 7,1995 AND A REGULAR MEETING BE HELD AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS" VOTE:4-0 The motion carried. ADJOURNMENT ) )There being no further business to discuss,and with no objections,Chairman Pfeifer adjourned the meeting at 7:27 P.M. James Nakagawa,Execu mes Pfeifer,Chairni Secretary BOARD OF ADJUSTMENT AND APPEALS JULY 10,1995 PAGE SIX