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HomeMy WebLinkAbout1997-01-13 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 N.IDAHO ROAD APACHE JUNCTION AZ 85219 JANUARY 13,1997 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona was held on January 13,1997 in the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated January 13,1997 Minutes for April 8,1996 -approved BA -4-96 -Continued to February 10,1997 BA -5-96 -B &B Cactus -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 Edward T.Tirador Howard Littell Elise Otero Staff Present: Others Present: BOARD OF ADJUSTMENT JANUARY 13,1997 PAGE ONE Jim Nakagawa,Planning Division Manager Paul Michaud,Economic Development Planner Kate Morris,Associate Planner Jackie LeCount,Recording Secretary Bob Wilkening 2324 S.Idaho Road Apache Junction AZ 85220 Virginia McClain 435 N.Palo Verde Apache Junction AZ 85220 Sandra Danley 2288 S.Idaho Road Apache Junction AZ 85220 ACCEPTANCE OF AGENDA PUBLIC HEARINGS )BOARD MEMBERS Gardner/Littell M/S "I MOVE WE ACCEPT THE AGENDA DATED JANUARY 13,1997" VOTE:5-0 Unanimous The motion carried. CASE BA -4-96 )Chairman Pfeifer stated he would open the public hearing regarding PZ-4-96.He explained that the applicant and property owner,Elizabeth E.Cousins,called staff on January 13,1997 at 8:20 a.m.to request a continuance of her case,BA -96-04 -an appeal of the Zoning Administrator's decision that denied Elizabeth E.Cousins a letter of nonconformity from the use of a travel trailer as a second dwelling at 3010 West Broadway Avenue.Elizabeth E.Cousins,who is at her second home in Gallup,New Mexico,cannot make her scheduled appeal date,January 13,1997,because of snow conditions predicted at more than one (1)foot.She sends her apologies,asking the Board of Adjustment for a continuance of her case,BA -96-04,until the next scheduled Board's of Adjustment Session on February 10,1997. CASE BA -5-96 )Chairman Pfeifer stated BA -5-96 is a request to consider a reduction of the required rear yard setback in their CB -2,General Commercial zone from ten (10)feet to zero (0)feet for the purpose of constructing an accessory building to be used for additional storage on the parcel commonly known as 2324 S.Idaho Road,B and B Cactus. He asked staff to brief the Board on this case. Kate Morris,Associate Planner,stated that B and B Cactus is located in a portion of Superstition Villa Subdivision which is one of the older subdivisions in the City.She said the property is located on the first set of buildings at the northwest corner of the intersection of Southern and Idaho.The Tots are 25 feet in width and 160 feet in depth.The subject property does have access to a dedicated alley to the rear of the parcel. She said in February of 1996,Ordinance No.940,Landscaping and Screening Requirements,was adopted by the City Council.As a result of the adoption of this Ordinance,setback requirements were altered somewhat in multiple family,commercial and industrial zones. She continued to say that within the Zoning Ordinance,one of the powers of the Board of Adjustment is to consider requests to reduce or alter the numerical setbacks on properties.The business on site is a cactus type business with many covered planting areas and other water retention areas on the southern portion of the property which are required by the City by Engineering requirements to take care of the water that is generated by the main building. BOARD OF ADJUSTMENT JANUARY 13,1997 PAGE 2 There is limited customer parking in the front which in a busy season overflows down to the front of the building.The applicant is desiring to place an additional building to the rear of the property,adjacent to the alley.She pointed out the two driveways coming off of the alley and pointed out an area which will serve as a loading dock. The proposed structure which is approximately 30 x 25 is located north of the existing septic tank.The site plan does show that the minimum 10 foot distance from the existing septic tank would be maintained. The Fire Battalion Chief may require a twenty foot -wide driveway,where the applicant is showing fifteen.if the variance is approved, before a permit can be issued. Chairman Pfeifer asked i f granting this request would set a precedence. Kate Morris answered no. Chairman Pfeifer asked if any of the adjacent property owners were in opposition of the variance. Kate Morris stated that no public comment was received.300- foot letters were sent out to the adjacent property owners. Mary Gardner asked i f the owners of the vacant lot directly south would ask for the same request. Kate Morris explained why i t would be less likely. A discussion followed concerning the criteria that must be met in order to grant the variance. Chairman Pfeifer asked if the applicant wished to speak. Bob Wilkening,702 93rd Lane, Mesa stated that he was the owner of B and B Cactus and explained why he is requesting a reduction of the setback requirement to 0 feet from the property line in order to construct an additional building. Mary Gardner asked if this would be a one-story or two-story building. Mr.Wilkening answered that he was proposing to match it up to the other building and possibly go twelve feet. Mr.Tirador asked what he would be storing in the building. Mr.Wilkening answered pottery. BOARD: OF ADJUSTMENT JANUARY 13,1997 PAGE 3 Chairman Pfeifer asked if there was anyone who wished to speak on behalf of the applicant.There was no one. He then asked i f there was anyone who wished to speak in opposition of the request. Sandra Danley,representing AZ.Labor Force,Inc.,which owns the building and operates Labor Express at 2280 S.Idaho. She stated she is not a resident of Apache Junction and opposes the reduction in the rear yard setback to 0 feet because she felt it was not in their best interest. She expressed her concern that i t may limit access to their building.Some storage is kept in the rear of the building and should the variance be granted,i t may limit accessibility to the building. Ms.Danley pointed out on the map the location of their building. Ms.Morris explained that the alley is a dedicated alley and cannot change. Chairman Pfeifer assured her that they are not going to encroach on her property or affect the alley. Ms.Danley thanked Chairman Pfeifer and staff for the clarification. Chairman Pfeifer asked Ms.Danley i f she still opposed the request for a variance. Ms.Danley answered no. Ms.Morris explained to the Board Mr.Wilkening would be allowed to add on to the existing building but there is a minimum building separation of 7 feet i f he were to build another building. Chairman Pfeifer closed the hearing to the public and asked for a motion. MOTION ON CASE BA -96-05) )Board Members Otero/Gardner-M/S "I MOVE THAT THE BOARD OF ADJUSTMENT OF THE CITY OF APACHE JUNCTION APPROVE CASE NO.BA -96-05,A REQUEST FOR THE REDUCTION OF THE REQUIRED REAR YARD SETBACK FROM 10 FEET TO 0 FEET FOR THE PROPERTIES IDENTIFIED AS PINAL COUNTY ASSESSOR'S PARCEL NO.102-22-405A,102-22-408,409,410 SUBJECT TO THE FOLLOWING STIPULATIONS: BOARD OF ADJUSTMENT JANUARY 13,1997 PAGE 4 1.All six (6)lots shall be combined into one parcel prior to the issuance of any permits. Justification for this motion: 1.That strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone. 2.That the granting of the Variance as conditioned will not constitute the granting of a special privilege inconsistent with the limitations on other properties in this same zone. 3.That the granting of the Variance will not be detrimental to the public helath,safety,or welfare,or materially injurious to properties or improvements in the vicinity". 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 this is his last Board of Adjustment meeting and he is leaving the City. He said that he he has been with the City for 14 years and that is a lot longer than he expected to be.He said a farewell party is being planned and the Board will be notified as to the arrangements. I t has been a pleasure to serve as the Executive Secretary to the Board of Adjustment .A lot of things have happened since 1983 and I expect a lot more to happen from this point on. Chairman Pfeifer said he and the Board appreciated the time spent with him and they are certainly going to miss him.He wished him the best of luck. BOARD OF ADJUSTMENT JANUARY 13,1997 PAGE 5 He also welcomed Mr.Tirador as a member of the Board of Adsustment. SELECTION OF MEETING,TIMES,LOCATIONS AND PURPOSES EXECITIVE SESSION ON FEBRUARY 10,1997) WORK SESSION ON FEBRUARY 10,1997 )Board Members Gardner/Littell M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M.ON FEBRUARY 10,1997 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON FEBRUARY 10,1997 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 7:55 P.M. Executi Q Secretary mes Pfeifer, BOARD OF ADJUSTMENT AND APPEALS JANUARY 13,1997 PAGE 6