HomeMy WebLinkAbout1995-10-12 BOA MINUTESBOARD OF ADJUSTMENT
CITY COUNCIL CHAMBERS
OCTOBER 12,1995
The regular meeting of the Board of Adjustment and Appeals of the City of
Apache Junction,Arizona was held on October 12,1995 at the Apache Junction City
Council Chambers,pursuant to the notice required by law.
SYNOPSIS Agenda dated October 12,1995
Minutes for July 10,1995 -Approved
BA -3-95 (Julio H.Laborin)-Approved
CALL TO ORDER
ROLL CALL
Chairman Pfeifer called the meeting to order at 7:00 p.m.
Board Members Present:Jim Pfeifer,Chairman
Mari Gardner
George Graham
Howard Littell
John Hartwig
Kent Slocum
Staff Present:
Others Present:
BOARD OF ADJUSTMENT
OCTOBER 12,1995
PAGE ONE
Jim Nakagawa,Planning Division Manager
Rudy Esquivias,Associate Planner
Jackie LeCount,Recording Secretary
Julio H.Laborin
P.O.Box 28206
Apache Junction AZ 85220
Antonio R.Laborin
1707 E.Apache Boulevard
Tempe AZ 85281
ACCEPTANCE OF AGENDA
APPROVAL OF MINUTES )
PUBLIC HEARINGS
)BOARD MEMBERS Gardner/Hartwig MIS
"I MOVE WE ACCEPT THE AGENDA DATED OCTOBER 12,1995"
VOTE:5-0 Unanimous
The motion carried.
BOARD MEMBERS Gardner/Hartwig M/S
"I MOVE THAT WE ACCEPT THE MINUTES DATED JULY 10,1995 AS
PRESENTED."
VOTE:5-0 Unanimous
The motion carried.
CASE BA -3-95
)Chairman Pfeifer opened the public hearing for Case BA -3-95,
and asked for staff briefing.
Associate Planner,Rudy Esquivias informed the Board that
Case BA -3-95 is a request for what is known as a bulk variance because the
applicants are requesting for a change in their otherwise normally required
setbacks.The parcel is located at the southeast corner of E.12th Avenue and
S.Cortez Road.Cortez is designated to be a 40'right-of-way and 12th Avenue
is a 33'right-of-way on the north side.
He continued to say that most of the property is covered
in washes or various land undulations.There appears to be some high ground
areas where home might be placed.Mr.Laborin has a 76 -foot long mobile home.
The back end overhangs into the converging washes.There appears to be some dirt
built up there and i t is being held up by pieces of plywood and stakes pounded
into the ground.I t is not a safe -looking situation.
The applicant is requesting a reduction of his front yard
setback from 40'to 30'.In any variance request,there are four criteria which
nedds to be satisfied.They are:
1.That the characteristics of the property make i t
eligible for a variance.
BOARD OF ADJUSTMENT AND APPEALS
OCTOBER 12,1995
PAGE TWO
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 this variance request satisfies all of the above
criteria.Overheads of the property showing the location of the washes were then
shown to the Board members.
Mr.Esquivias said a letter was received by the Planning
Division from a neighbor indicating that she was against the granting of the
requested variance but she did not give a reason.Also,a call was received from
a neighbor indicating he approved of the requested variance.
Mrs.Gardner asked i f perhaps they could purchase a
smaller trailer.
Chairman Pfiefer answered that it was a little late for
that since the applicant already owns one.
Mr.Littell asked i f by allowing the applicant to move
the mobile home,would any visibility be cut off.
Mr.Esquivias answered no.
Chairman Pfiefer asked :if there :was anyone present:who
wished to speakAn favor .of the.request.There was none.He then asked if there:
was anyone.who wished to speak in oppositiDn -of the request.-Being,none:he asked
if:the:applicant wished to speak.:
Julio H.Laborin,-P.O.Box 28206,Tempe AZ: 85285-8206
explained: that his manufactured :home is 76 -feet long and.would like to place it
on high ground so i t would not overhang into the washes.
He felt that: if they allowed him to reduce the front,yard
setback 10 feet that would solve his problem.
Chairman Pfeifer thanked Mr.Laborin and asked if anyone
else wished to speak.
Antonio R.Laborin,1707 E.Apache Blvd.,Tempe AZ
85281,added that he is Mr.Laborin's son and said he would like the Board to
give permission to set the mobile home at the north end of the lot,close to 12th
Avenue.
BOARD: OF ADJUSTMENT AND APPEALS
OCTOBER 12,1995
PAGE THREE
He explained that when his father purchased the land they
were not told that there was no water to the property which only adds another
problem and expense.
Chairman Pfeifer asked i f there was anyone else who
wished to speak.There being none,he closed the hearing to the public.
MOTION ON CASE BA -3-95 )
)Board Members Graham/Hartwig -M/S
"I MOVE THAT CASE BA -3-95,A REQUEST FOR A VARIANCE FROM
SECTION 15.0106,TO REDUCE THE FRONT YARD SETBACK FROM 40 FEET
TO 30 FEET BE APPROVED.
IN APPROVING HIS REQUEST,THE BOARD BASES ITS DECISION ON THE
FOLLOWING FINDINGS:
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 HAS NO ADVERSE ON THE NEIGHBORHOOD.
4.THAT PRACTICAL DIFFICULTIES OR UNNECESSARY HARDSHIP
WOULD RESULT BY HAVING TO STRICTLY COMPLY WITH THE
ZONING ORDINANCE."
VOTE:3-2 with Mr.Littell and Mrs.Gardner dissenting.
The motion carried.
OLD BUSINESS
None
NEW BUSINESS
None
REQUEST OF STAFF
INFORMATION AND REPORTS
Mr.Nakagawa reported that a joint Planning & Zoning Commission/City
Council work session was held on October 10,1995 which included
discussion on city image,economic development,growth management
and manufactured homes.
BOARD OF ADJUSTMENT AND APPEALS
OCTOBER 12,1995
PAGE FOUR
SELECTION OF MEETINGS.TIMES,LOCATIONS AND PURPOSES
EXECUTIVE SESSION ON NOVEMBER 13,1995
WORK SESSION ON NOVEMBER 13,1995)
)Board Members Gardner/Littell M/S
"I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30
P.M.ON NOVEMBER 13,1995 IN THE DEPARTMENT OF
DEVELOPMENT SERVICES CONFERENCE ROOM:
AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON
NOVEMBER 13,1995 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 7:45 P.M.
ClaR111—(James A.Nak1aga a,Exec lye Secret
es Pfeifer,Chairma
BOARD OF ADJUSTMENT AND APPEALS
OCTOBER 12,1995
PAGE FIVE