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HomeMy WebLinkAbout1997-02-10 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS FEBRUARY 10,1997 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona was held on February 10,1997 at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated February 10,1997 Minutes for July 8,1996 and January 13,1997 BA -4-97 (Elizabeth Cousins)-Denied CALL TO ORDER ROLL CALL Chairman Pfeifer called the meeting to order at 7:00 p.m. Board Members Present:Jim Pfeifer,Chairman John Hartwig,Vice Chairman Kent Slocum Elise Otero Howard Littell Mari Gardner Ed Tirador Staff Present: Others Present: Rudy Esquivias,Interim Zoning Admin. Paul Michaud,Assistant Planner Jackie LeCount,Recording Secretary Debra Bunderson 752 S.Cedar Apache Junction AZ 85220 Geraldine Feldkirchner 752 S.Cedar Apache Junction AZ 85220 Dean W.Rose 751 S.Symthe Apache Junction AZ 85220 Barbara Rose 751 S.Symthe Apache Junction AZ 85220 BOARD OF ADJUSTMENT MINUTES FEBRUARY 10,1997 PAGE 2 Jim Jones 775 S.Symthe Apache Junction AZ 85220 George Garnett 768 S.Cedar Apache Junction AZ 85220 Gary Wilson 768 S.Cedar Apache Junction AZ 85220 Herb Wilson 768 S.Cedar Apache Junction AZ 86220 Gerry Wilson 768 S.Cedar Apache Junction AZ 85220 Pat Richmond,Vice Mayor 3080 W.16th Avenue Apache Junction AZ 85220 Ree Odegaard 676 S.Cedar Apache Junction AZ 85220 Norman Odegaard 676 S.Cedar Apache Junction AZ 85220 Betty Cousins 3010 W.Broadway Avenue Apache Junction AZ 85220 Glenn Gimbut,City Attorney 1001 N.Idaho Road Apache Junction AZ 85219 George Hoffman,Assistant City Manager 1001 N.Idaho Road Apache Junction AZ 85219 BOARD OF ADJUSTMENT MINUTES ACCEPTANCE OF AGENDA FEBRUARY 10,1997 PAGE 3 )BOARD MEMBERS Gardner/Hartwig M/S "I MOVE WE ACCEPT THE AGENDA DATED FEBRUARY 10,1997 VOTE:7-0 Unanimous The motion carried. APPROVAL OF MINUTES ) BOARD MEMBERS Slocumaittell M/S "I MOVE THAT WE ACCEPT THE MINUTES DATED JULY 8,1996 AS PRESENTED." VOTE:5-2 with 2 abstaining The motion carried. BOARD MEMBERS Gardner/Littell M/S "I MOVE THAT WE ACCEPT THE MINUTES DATED JANUARY 13, AS PRESENTED." VOTE:5-2 with 2 abstaining. The motion carried. PUBLIC HEARINGS CASE BA -4-96 )Chairman Pfeifer opened the public hearing for Case BA -4-96, and asked for staff briefing. Paul Michaud,Assistant Planner,informed the Board that Mrs.Cousins is requesting an appeal of the Zoning Administrator's decision to deny Mrs.Cousins a Letter of Lawful Nonconformity for use of a travel trailer as a second dwelling located on the northwest corner of Broadway and Cedar.The lot contains a block constructed home,a shed and a travel trailer with a pad and utility hookup. Paul Michaud stated it is nonconforming because i t is zoned GR (General Rural) which requires one single family dwelling per lot.He pointed out several critical points which led to the appeal application of Mrs.Cousins who is represented by Norman Odegaard. BOARD OF ADJUSTMENT MINUTES FEBRUARY 10,1997 PAGE 4 Mr.Michaud explained that letters were sent to property owners within the 300'area.Three notarized letters from property owners were included with Mrs.Cousin's nonconforming letter application confirming a travel trailer hookup before the effective date of the ordinance.Referring to a call log,Mr.Michaud explained the concerns of two callers. In regards to staff's denial for a Letter of Lawful Nonconformity for this travel trailer use,i t rested on Elizabeth Cousin's statement,both verbally and in writing,that there was a break in use for more than one year.According to Section 3.0107 Termination of Nonconformities, "Cessation in utilization of a nonconforming use or structure or portion of a nonconforming use or structure for a period of twelve months shall result in the loss of that right of a lawful nonconformity for the use or structure or portion thereof."Elizabeth Cousins cessation in use for seventeen months of the travel trailer on the hookup at the above -mentioned property constitutes abandonment according to the same section of our Zoning Ordinance. Mr.Michaud said i t is staff's recommendation to deny the request for the following reasons: 1.The use is an abandoned nonconforming use by definition of Section 3.0107 of our Zoning Ordinance. 2.There are no physical characteristics of the property that merit special consideration for a variance. 3.Any practical difficulties or unnecessary hardship in this case appears to be completely self-imposed for consideration of a variance. A question and answer period ensued. Glenn Gimbut,City Attorney stated that this is the nature of a fact-finding hearing as opposed to consideration of a zoning request.It is appropriate for staff members to be allowed to ask questions of someone who is offering testimony or evidence or statement of fact;likewise,i t is appropriate for the applicant or applicant's representative to ask questions of staff so that facts may be illicited for your consideration.The issue of a variance is not in front of you. Mr.Gimbut pointed out that Arizona law prohibits variances to be granted for "Uses".There is no such thing as a "use variance". Mr Slocum asked i f in the past,the Board was in error for approving a use permit. Chairman Pfeifer replied that we are not discussing a use permit,rather,an appeal of the Zoning Administrator's decision. He thanked Mr.Gimbut for his input.He then asked the applicant,Mrs.Cousins i f she wished to speak. BOARD OF ADJUSTMENT MINUTES FEBRUARY 10,1997 PAGE 5 Mrs.Cousins explained that she purchased the property so as to have a nice home in Apache Junction.The adjacent property had two trailers on the pad at the time of purchase.From 1973 to 1994,different trailers have been placed on and off the property. Mrs.Otero asked if any monies have ever been collected for having the trailers on the property. Mrs.Cousins answered no and added that the City put a drain adjacent to her house on her entrance on Broadway so she has to use the one on Cedar.Also,her wall and closeline was torn down which she had to replace. A brief discussion amongst the Board members followed pertaining to taxes paid on the property. Mrs.Gardner questioned Mrs.Cousins as to her stating that the property was never rented but several parts in the Board packet refers to the property having been rented. Chairman Pfeifer asked staff if they had any other questions of Mrs.Cousins. Mr.Esquivias said that as a matter of focus with all due respect to the applicant and to the Board,the issue of rent is irrelevant.We need to focus back on the issue of the fact that the RV was there for a certain amount of time and gone for a certain amount of time and the letter of lawful nonconformity was denied. Mr.Gimbut asked Mrs.Cousins regarding the staff report listing dates of when the RV was gone and when i t came back,i f she had any dispute with that. Mrs. Cousins replied that it was she who provided staff with the dates. Chairman Pfeifer asked if there was anyone in the audience who wished to speak in favor of Mrs.Cousins request. Debra Bunderson stated that she was sure Mrs.Cousins paid her taxes and keeps a very quiet household.There are so many people parking big mobile homes and do not pay taxes. Chairman Pfeifer asked if there was anyone else who wished to speak in favor of Mrs.Cousins request. Geraldine Feldkirchner stated that she lives adjacent to Mrs.Cousins and Mrs.Cousins is quiet and keeps her property clean. Chairman Pfeifer asked i f there was anyone else in the audience who wished to speak in favor of Mrs.Cousins request. BOARD OF ADJUSTMENT MINUTES FEBRUARY 10,1997 PAGE 6 James B.Jones said he has no objection to having a trailer on Mrs.Cousins property. Chairman Pfeifer asked i f there was anyone else in the audience who wished to speak in favor of Mrs.Cousins request. Dean Rose stated that he has no objections.The property looks better than most. Chairman Pfeifer asked if there was anyone in the audience who wished to speak in opposition of Mrs.Cousins request.There was none. A discussion ensued between Mr.Slocum and Mr.Gimbut regarding taxes. Mr.Gimbut again explained that the issue of taxes is to a certain extent irrelevant for the issues that are in front of you. Chairman Pfeifer closed the meeting to the public and asked the Board i f they had any other questions. Mrs.Otero felt that although the_applicant removed the trailer from the property for a long period of time i t was for medical reasons beyond their control.They were unaware what was happening to them. Glen Gimbut explained to the Board members that the issue here is if the space was ceased to be used for a period of 12 months.I f it was ceased to be used,then Section 3.0107B is black and white.I t reads "it shall result in a loss of the right of lawful nonconformity for the use or structure - of the portion thereof"..Section 3:0106B states that the Board -shall have the to withdraw letters of nonconformity after showing that some letters were either issued in error or such use or structure is in fact not a lawful. nonconformity. He explained to Mrs.Cousins that in the past she may have received an informal staff opinion stating everything looks fine which is different than a formal document called a letter of nonconformity. He said he had no doubt that at that time staff would say you are fine in the use of the property but remember at that time there was no cessation in use.Somebody was pulling in a travel trailer at different times. Abandonment is something that can occur at any time. A brief discussion followed amongst the Board members and City Attorney,Glen Gimbut. BOARD OF ADJUSTMENT MINUTES FEBRUARY 10,1997 PAGE 7 Chairman Pfeifer called for a motion. MOTION ON CASE BA -96-04) )Board members Littell/Gardner M/S "I MOVE THAT BA -96-04,A REQUEST BY ELIZABETH COUSINS FOR USE OF ONE (1)TRAVEL TRAILER AS AN ADDITIONAL DWELLING UNIT ON A SINGLE PARCEL,BE DENIED." REASONS FOR DENIAL 1.The use is an abandoned nonconforming use by definition of Section 3.0107 of our Zoning Ordinance. 2.There are no physical characteristics of the property that merit special consideration for a variance. 3.Any practical difficulties or unnecessary hardship in this case appears to be completely self-imposed for consideration of a variance. VOTE:4-3 with Chairman Pfeifer,Mrs.Otero and Mr.Hartwig dissenting. The motion carried. OLD BUSINESS None REQUEST OF STAFF None INFORMATION AND REPORTS) )Executive Secretary Rudy Esquivias stated that Mr. Nakagawa has resigned from the City and has taken a position in southern California.He will be missed.Mr.Nakagawa was Executive Secretary to the Board and I will try to fill his shoes. Mr.Esquivias also informed the Board members that his office has received many request for lawful nonconforming letters which the Board will most likely see in the near future. Mr.Esquivias stated that Paul Michaud has joined the Planning staff and will be handling some of the Board cases as they come in. Chairman Pfeifer announced that Assistant City Manager,George Hoffman will give a presentation on "Home Rule". BOARD OF ADJUSTMENT MINUTES FEBRUARY 10,1997 PAGE 8 Mr.Hoffman,Assistant City Manager,stated that on March 11,1997 there will be an election for candidates for the City Council,the Mayor's Office and also Proposition 100,which is the Alternative Expenditures Limitation which is known as the Home Rule Action.He explained Proposition 100 to the Board members in case someone asks them about it. There was further discussion amongst the Board members,Mr.Hoffman and the audience members regarding this matter. SELECTION OF MEETINGS.TIMES.LOCATIONS AND PURPOSES EXECUTIVE SESSION ON MARCH 10,1997) WORK SESSION ON MARCH 10,1997 )Board Members Slocum/Gardner M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M.ON MARCH 10,1997 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON MARCH 10,1997 AND A REGULAR MEETING BE HELD AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS" VOTE:7-0 The motion carried. ADJOURNMENT ) )There being no further business to discuss,and with no objections,Chairman Pfeifer adjourned the meeting at 8:20 P.M. Rudy mes Pfeifer,C ve Secretary