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HomeMy WebLinkAbout1996-04-08 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS APRIL 8,1996 The regular meeting of the Board of Adjustment of the City of Apache Junction,Arizona was held on April 8,1996 at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated April 8,1996 -Approved Minutes for October 12,1995 -Approved BA -01-96 -(Arnold's Auto Center)-Approved BA -02-96 -(Rebecca Sackett)-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 Ken Slocum Howard Littell Elise Otero Staff Present: Others Present: BOARD OF ADJUSTMENT & APPEALS APRIL 8,1996 PAGE ONE Jim Nakagawa,Planning Division Manager Jackie LeCount,Recording Secretary Tony Vehon 288 N.Ironwood Drive Apache Junction'AZ 85220 Rebecca Sackett 1373 E.Frontier Apache Junction AZ 85219 ACCEPTANCE OF AGENDA )BOARD MEMBERS Gardner/Otero M/S "I MOVE WE ACCEPT THE AGENDA DATED APRIL 8,1996." VOTE:5-0 Unanimous The motion carried. APPROVAL OF MINUTES ) BOARD MEMBERS Littell/Gardner M/S "I MOVE THAT WE ACCEPT THE MINUTES DATED OCTOBER 12, 1995 AS PRESENTED." VOTE:3-0 WITH Mr.Littell and Mrs.Otero dissenting. The motion carried. PUBLIC HEARINGS CASE BA -02-96 )Chairman Pfeifer opened the public hearing for Case BA -01- 96,and asked for staff briefing. Jim Nakagawa,Planning Division Manager viewed an overhead projection.He pointed out that the shaded area of the map has CB -2 zoning in the front part of the parcel and GR (General Rural)in the back. He explained that during the review of a building permit application where Arnold's have sought an expansion of one of their buildings, the problem arose that the property was split into two different zonings.The Board of Adjustment has the authority to make a boundary adjustment of a zone where a parcel is split into two zoning districts. He said we find that this situation does satisfy that criteria and we are recommending this movement of the zoning district boundary to the Board of Adjustment. Chairman Pfeifer asked if the applicant wished to speak at this time. Tony Vehon,288 N.Ironwood,Apache Junction AZ 85220 stated he is the representative for Arnold's Auto Center to request that their existing zoning be extended to the back of the property.The area that is being requested to be extended to is already fenced in and has been used as commercial prior to the City being in existence. BOARD OF ADJUSTMENT & APPEALS APRIL 8,1996 PAGE TWO He commended the Planning staff for recognizing the problem and wanting to clean up a situation that has existed for years. property in question. and building codes. Mr.Littell asked if there is a new building sitting on the Mr.Vehon answered yes. Mr.Slocum asked if they were in compliance with the fire Mr.Vehon answered yes. Chairman Pfeifer asked if there was anyone in the audience who wished to speak in favor of the applicant's request.Being none,he asked if there was anyone who wished to speak in opposition of the request.There was none. He inquired as to whether the adjacent property owners were asked for their input concerning this request. Mr.Nakagawa replied that the adjacent land owners were notified of the proposed change and given an opportunity to speak either for or against the proposed change of usage. Chairman Pfeifer closed the meeting to the public. MOTION ON CASE BA -96-01) )Board Members GardneriLittell -M/S "I MOVE THAT IN CASE BA -96-01,THE BOARD OF ADJUSTMENT FOR THE CITY OF APACHE JUNCTION APPROVE THE REQUEST TO EXTEND THE CB -2 GENERAL BUSINESS DISTRICT BOUNDARY NORTH 217 FEET TO THE NORTHERN PROPERTY LINE OF APN 101-13-109C,COMMONLY KNOWN AS 870 W.APACHE TRAIL,APACHE JUNCTION,ARIZONA. IN APPROVING THE REQUEST,THE BOARD BASES ITS DECISION ON THE FOLLOWING FINDINGS: 1.THE LOT HAS BEEN UNDER ONE OWNER ALL THIS TIME. 2.THE PARCEL HAS BEEN USED IN ITS CURRENT FORM SINCE 1982. 3.BY EXTENDING THE ZONING,IT WILL CLEAR UP A SITUATION WHICH HAS EXISTED FOR YEARS." VOTE:5-0 The motion carried. BOARD OF ADJUSTMENT & APPEALS APRIL 8,1996 PAGE THREE CASE BA -96-02 ) )Chairman Pfeifer stated Case BA -96-02 is a request by Rebecca Sackett for a temporary 9 -month use permit pursuant to Zoning Ordinance Section 11.0103h to use a travel trailer as a caretaker's residence on a car sales lot zoned CB -2 located at 538 Old West Highway.The subject 1.16 -acre parcel is on the north side of Old West Highway and on the west side of Colt Road.He asked Mr.Nakagawa to brief the Board on the request by Rebecca Sackett. Mr.Nakagawa stated that he had met with the applicant approximately one month ago,along with the Assistant City Manager.There were some code compliance problems that needed to be resolved at that time. Ms.Sackett related to us that she had a security problem on her car sales lot and she was desirous of having the caretaker watch the lot in order to ward off any further acts of vandalism occurring at the car sales lot. She said she had dealt with the P.D.concerning this problem. Mr.Nakagawa further stated that the Board of Adjustment has dealt with this sort of problem in past years where applicants were granted temporary permits for RV's as dwellings for invalid relatives.Unfortunately, those temporary permits became increasingly permanent.Since then,the Board has tended to discourage such permits for RVs. He said this situation is a bit different.Ms.Sackett has said that when there are fewer patrol cars in the area at night,cars on the lot have been shot at with BB guns.He cautioned her that RVs are frowned upon and would not be entertained as a long term or permanent residence.If the Board did grant a temporary permit she would have to work out a long term solution to the security problem. He continued that the Police Department has received a staff report but has not responded with any comments. Chairman Pfeifer asked if the Planning Division has heard from any of the adjacent property owners. Mr.Nakagawa answered that he did get a visit from Mel Mullholland,a neighboring property owner who owns a business to the west and was in favor of the request because he has also been experiencing vandalism and feels that a caretaker residence would fend off future vandalism. Chairman Pfeifer asked i f the applicant wished to speak. Rebecca Sackett introduced herself and stated she resides at 1373 E.Frontier and the car sales lot is at 538 Old West Highway,Apache Junction AZ.She explained that she is requesting a 9 -month temporary use permit to use a travel trailer as a caretaker's residence on a car sales lot in order to deal with a security problem that arose recently. BOARD OF ADJUSTMENT &APPEALS APRIL 8,1996 PAGE FOUR She said she was having a problem with a former husband who she believes shot out windows of cars at the car lot.The insurance will not cover the damages because i t was not an accident.Many of the cars there have been removed by the owners because they did not feel their cars were safe there. She stated that the gentleman that she has on the lot for night security is with the Southern Arizona Rangers and has a permit to carry a gun. He works for her during the day and watches the car lot in the evening. She added that another incident took place today which involved a BB gun being shot from across the car sales lot.The local police have been notified. Chairman Pfeifer asked if anyone had anymore questions for the applicant. Mrs.Gardner asked Ms.Sackett if she had any plans for after the nine months. Ms.Sackett answered that the 9 -month temporary use permit would give her time to relocate. applicant. the nine months. Mr.Slocum asked if she had utilized the law enforcement and the court system to the fullest. Ms.Sackett answered yes.There is an order of protection against him and an order of harassment against his mother,father,sister and sister's boyfriend.She said this has been going on since last June. Mr.Littell asked Ms.Sackett why she felt having a caretaker on the property would insure or prevent a drive -by shooting. Ms.Sackett said that she could not just as the police could not insure her her life but she felt having someone there would prevent anyone from .coming on the property. Mr.Slocum asked i f she had thought about using a video camera. Ms.Sackett replied that she could not afford one since the company is only a small one,she struggles to keep cars on the car lot. Mrs.Gardner questioned how the caretaker would be able to watch the car lot in the evening when he works all day at the lot. Ms.Sackett answered that both husband and wife would handle the security. Chairman Pfeifer asked if there was anyone who wished to speak in favor of the request.There being none,he asked if there was anyone who BOARD OF ADJUSTMENT & APPEALS APRIL 8,1996 PAGE FIVE wished to speak in opposition.There were none.He then asked i f the Board members had any more questions. Mr.Littell directed his question to Mr.Nakagawa and asked what authority the Board has to supersede Public Safety. Mr.Nakagawa replied that he did not feel they were superseding it.You may want to look at this as a complementary security problem.Normally at night in some other heavy populated area there might be some night time activity where people at some odd hours would be watching a restaurant and you may have customers who might witness something happening. He continued to say there is not much traffic happening here where you would have a customer witnessing a crime,therefore,you would have to fall back on the second level of security which is either an increased presence of police officers or a private security firm which is the avenue Ms. Sackett has taken at this time. He said the third level and last resort would be to have some mechanical or electronic equipment such as alarms,surveillance cameras or guarded gates. Chairman Pfeifer asked if there was anyone else who wished to speak.There being none,he closed the hearing to the public. MOTION ON CASE BA -96-02) )Board Members Otero/Slocum -M/S "I MOVE THAT CASE BA -96-02,A REQUEST BY REBECCA SACKETT FOR A TEMPORARY 9 -MONTH USE PERMIT PURSUANT TO ZONING ORDINANCE SECTION 11.0103h TO USE A TRAVEL TRAILER AS A CARETAKER'S RESIDENCE ON A CAR SALES LOT ZONED CB -2 LOCATED AT 538 OLD WEST HIGHWAY,BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1.THAT THE APPLICANT COMPLY WITH ANY APPLICABLE BUILDING CODES. 2.THAT THE SUBJECT CARETAKER'S TRAVEL TRAILER BE REMOVED OR CEASE BEING USED AS A RESIDENCE BY JANUARY 8,1997. REASONS FOR RECOMMENDATION ARE AS FOLLOWS: 1.A HARDSHIP RELATED TO THE APPLICANT'S SECURITY AND SAFETY MAY BE ALLEVIATED WITH THIS TEMPORARY PERMIT. 2.THIS PERMIT WILL NOT AUTHORIZE THIS TRAVEL TRAILER TO BE USED AS A PERMANENT RESIDENCE." VOTE:4-1 with Mr.Littell dissenting. BOARD OF ADJUSTMENT & APPEALS APRIL 8,1996 PAGE SIX The motion carried. OLD BUSINESS None NEW BUSINESS None REQUEST OF STAFF INFORMATION AND REPORTS Mr.Nakagawa announced that three terms on the Board of Adjustment will be expiring on June 30,1996. He advised Mr.Pfeifer,Mr.Graham and Mr.Littell to address a letter to the Mayor and City Council expressing their desire to be reappointed for another term. SELECTION OF MEETINGS,TIMES,LOCATIONS AND PURPOSES EXECUTIVE SESSION ON MAY 13,1996 WORK SESSION ON MAY 13,1996) )Board Members Gardner/Littell M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M. ON MAY 13,1996 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON MAY 13, 1996 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,Chairm*n Pfeifer adjourned the meeting at 7:35 P.M. ames Pfeifer, BOARD OF ADJUSTMENT & APPEALS APRIL 8,1996 PAGE SEVEN