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HomeMy WebLinkAbout1997-06-09 BOA MINUTESBOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS JUNE 9,1997 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona was held on June 9,1997 at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Agenda dated June 9,1997 Minutes for February 10,1997-accepted BA -97-01 -Levy Stanley Jr.-approved 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 Mari Gardner Staff Present:Rudy Esquivias,Interim Zoning Admin. Paul Michaud,Assistant Planner Others Present:Levy Stanley Jr. Old West Highway Apache Junction AZ 85219 ACCEPTANCE OF AGENDA AND MINUTES BOARD MEMBERS Gardner/Hartwig M/S "I MOVE WE ACCEPT THE AGENDA DATED JUNE 9,1997 AND THE MINUTES DATED FEBRUARY 10,1997 AS PRESENTED." VOTE:5-0 Unanimous The motion carried. BOARD OF ADJUSTMENT MINUTES PUBLIC HEARINGS JUNE 9,1997 PAGE 2 CASE BA -97-01 )Chairman Pfeifer opened the public hearing for Case BA -97- 01,and asked for staff briefing. Paul Michaud,Assistant Planner,informed the Board that Levy Stanley Jr.is requesting a temporary 9 -month permit to use a travel trailer as a caretaker's residence located at 538 Old West Highway,Apache Junction, AZ., on the northwest corner of Old West Highway and South Colt Road. The subject property and the surrounding property within 300'is zoned General Business (CB -2)and has a General Plan designation of Commercial.The CB -2 zone does not permit a travel trailer or manufactured home as a permitted principle or accessory use.It does allow for a single family and multiple family dwelling and a conventional constructed caretaker's residence is an allowed use. Mr. Michaud continued to state that Mr.Levy's request comes before the Board of Adjustment pursuant to Section 11.0103h of the Zoning Ordinance that grants the Board power to authorize the temporary use of a building or premises in any zone for a purpose or use that does not conform to the regulations of the said ordinance,provided such use can be of a true temporary nature and does not involve the erection of substantial buildings. Mr.Michaud explained to the Board that at their meeting of March 28,1996,a temporary 9 -month permit to use a travel trailer as a caretaker's residence on the above property was approved and gave the reasons for the approval.On March 3;1997 the above -mentioned property was sold.The property use was changed from used car sales under GT Car Company to recreational vehicle -,sales._The Office of Code Compliance,on March 11,1997 processed a complaint of atravel trailer hooked up to utilities_The applicant was informed the CB -2 zone does allow a conventionally -built addition or dwelling for use as a caretaker's residence.However,Mr.Stanley is pursuing this request because he does not have the finances to construct a conventional addition or dwelling at this time. Chairman Pfeifer asked the applicant if he wished to speak. Mr.Levy Stanley introduced himself and gave his residence as Desert Trails Travel Park at 1141 E.Fourth St.,east Mesa. Mr.Slocum,asked Mr.Stanley exactly what he meant in his request by "caretaker". Mr.Stanley stated that there will be approximately 40-50 travel trailers parked on the lot worth between $200,000 to 300,000.He was concerned with people walking in and out and felt he needed some type of security.Also,trailers are brought in by owners and left there. BOARD OF ADJUSTMENT MINUTES installed. caretaker. there. JUNE 9,1997 PAGE 3 Mr.Slocum mentioned that he noticed a fence has been Mr.Stanley stated that a fence doesn't stop a thief. Mr.Slocum asked i f there were any other duties of the Mr.Stanley answered that i t could be his son staying Mr.Slocum asked Mr.Stanley if the Board were to grant the 9 -month use permit,what would he do after i t expired. Mr.Stanley replied that he did not know. Chairman Pfeifer asked Mr.Stanley if he talked to any of the City staff in regards to having someone stay on the property on a temporary basis. Mr.Stanley explained that he spoke with Assistant Planner, Paul Michaud and he suggested that someone could reside in the office but he was reluctant to have someone in his office where they could have access to his files. More discussion followed regarding CB -2 zone allowing a conventionally -built addition or dwelling for use as a caretaker's residence. Mr.Stanley stated that for the next two to three months there will not be anyone there since he will be going on a vacation and will reopen when the winter visitors come back.Everything on the lot will be either sold or put in storage. Mrs.Gardner was concerned with Mr.Stanley's plans after the 9 -month permit should the Board grant his request. Mr.Stanley remarked that he did not know what his plans would be 9 months from now. A brief discussion ensued amongst the Board members and Mr. Stanley regarding his plans following a 9 -month permit should they grant it,and the date the trailer would be placed on the property. Mr.Stanley said he does not expect to place the trailer on the lot until August,therefore,asked that the Board to grant a temporary 9- month permit starting in August. Mr.Slocum raised the issue of setting a precedent. BOARD OF ADJUSTMENT MINUTES JUNE 9,1997 PAGE 4 Mrs.Otero commented that less than one year ago a major fire destroyed an entire RV Park.It jeopardized many businesses.Had there been someone there,that possibly could have been deterred. Mrs.Otero felt it would do no harm to grant Mr.Stanley's request so as to give him time to see what his business was going to do. Mr.Slocum pointed out that there are many businesses out there that could request the same thing as Mr.Stanley has and was very concerned that should they grant his request,it would lead to many problems. He suggested that perhaps a guard dog should be placed on the lot. Mrs.Gardner stated that placing another mobile home on the lot would not be a problem since there are many there now but what does concern her is the precedent it would set with other property owners. Mr.Stanley stated that they were not mobile homes but travel trailers and motor homes that will be going in and out. Mrs.Gardner felt that there were other alternatives such as a guard dog.More discussion followed. Chairman Pfeifer asked if anyone had anymore questions for the applicant. Mr.Slocum brought up the subject again of having a dog on the lot for security. Mr.Stanley answered that he does not like dogs.Dogs can be killed very easily. Mr.Slocum asked i f the person Mr.Stanley chose as a caretaker would carry a legal weapon. Mr.Stanley replied no.Knowing someone is on the lot will keep people out. Mr.Hartwig asked Mrs.Gardner how i t would be setting a precedent if the Board approved Mr.Stanley's request.This case should stand on its own merits.If Mr.Stanley comes back with a plan at the end of 9 months and asks for a continuation or extension,his request should be based on his plan. Mr.Hartwig felt that it would be more of a precedent thing in terms of future cases versus just the catch phrase "precedent setting". Mrs.Gardner pointed out that if others in a CB -2 zone became aware that this was being allowed they could ask for a 9 -month permit to place a mobile home or travel trailer on their property for security. BOARD OF ADJUSTMENT MINUTES JUNE 9,1997 PAGE 5 Mrs.Otero stated that a temporary 9 -month permit was granted to a previous applicant at the same address (property was sold to the Stanley's on March 3,1997)and that was a very emotional issue. Mrs. Otero felt that Mr. Stanley has cleaned up the property and is going to have thousands of dollars sitting on his lot. Mr.Slocum said we are right back to the same situation. Mrs.Otero stated that Mr.Stanley could have come in with a story that his life was being threatened and he needed a security person on the lot. Mr.Slocum said that is a police issue. Chairman Pfeifer stated that the former applicant's request was a police issue as well. Mr.Slocum stated that we set a precedent and we should not have. Chairman Pfeifer asked if anyone had any other questions of the applicant.No one responded.He then asked i f anyone present wished to speak in favor of the request.No one responded. Chairman Pfeifer asked i f there was anyone who wished to speak in opposition of the request. Mr.Esquivias,Associate Planner,stated that for the record,his office did received a letter from Mr.Ragan. Chairman Pfeifer added,for the record,he spoke with Mel Mullholland who was in favor of the request.He closed the meeting to the public so the Board members could deliberate amongst themselves.He then asked for a motion. MOTION ON CASE BA -97-01) )Board members Gardner/Slocum M/S "I MOVE THAT BA -97-01,A REQUEST BY LEVY STANLEY JR. FOR A TEMPORARY 9 -MONTH PERMIT TO USE A TRAVEL TRAILER AS A CARETAKER'S RESIDENCE ON HIS FAMILY OWNED 1.16 ACRE,GENERAL BUSINESS (CB -2)ZONED RECREATIONAL VEHICLE SALES LOT,LOCATED AT 538 OLD WEST HIGHWAY,APACHE JUNCTION,AZ 85219,ON THE NORTHWEST CORNER OF OLD WEST HIGHWAY AND SOUTH COLT ROAD,BE DENIED. REASONS FOR DENIAL 1.No hardship exists related to the applicant's security and safety that cannot be alleviated by permitted uses of the CB -2 zoning district and other applicable codes of the City. BOARD OF ADJUSTMENT MINUTES JUNE 9,1997 PAGE 6 VOTE:2-3 with Chairman Pfeifer,Mrs.Otero and Mr.Hartwig dissenting. The motion for denial failed. Chairman Pfeifer called for another motion. MOTION ON BA -97-01) )Board Members Otero/Hartwig MIS "I WANT TO MAKE A MOTION THAT WE GRANT APPROVAL OF BA -97-01, A REQUEST BY LEVY STANLEY JR.,FOR A TEMPORARY 9 -MONTH PERMIT RUNNING FROM AUGUST 15,TO MAY 15,TO USE A TRAVEL TRAILER AS A CARETAKER'S/SECURITY RESIDENCE ON A GENERAL BUSINESS CB -2 ZONED RECREATIONAL VEHICLE SALES LOT LOCATED AT 538 OLD WEST HIGHWAY,APACHE JUNCTION,AZ 85219,ON THE NORTHWEST CORNER OF OLD WEST HIGHWAY AND SOUTH COLT ROAD. REASON FOR APPROVAL 1.I feel there is a hardship related to this particular property surrounding security and safety and I believe this can be alleviated with a temporary permit,with the understanding that at the end of that 9 -month period, August 15,to May 15,that he will make arrangements for security or to have a structural building built at the end of that time and that this permit will not authorize a travel trailer to be used as a permanent residence; strictly as a security temporary basis. Vote:5-0 unanimous the motion carried. (Board member Kent Slocum ask that the "motion and reason for approval"be amended by adding the year "1997"after August 15 and "1998"after May 15). Mr.Esquivias wanted to clarify a point before the meeting continued.He explained that Case BA -97-01 is not a variance but a granting of a temporary use. OLD BUSINESS None NEW BUSINESS Mr.Esquivias reminded the Board that at the July Board of Adjustment meeting,an election of Chairman and Vice Chairman will be held.He added that Mrs.Otero and Mr.Hartwig's terms on the Board will expire on June 30,1997. BOARD OF ADJUSTMENT MINUTES JUNE 9,1997 PAGE 7 In response to a question by Mrs.Otero,he explained that he had spoken with City Clerk,Kathy Connelly,and it was explained to him that the City Council has tentatively scheduled the first Council meeting in July to consider those appointments plus any new talent bank applications received. REQUEST OF STAFF Board members asked Mr.Esquivias to keep them informed as to any training programs available to them. There was further discussion amongst the Board members and Mr.Esquivias regarding this issue. INFORMATION AND REPORTS None SELECTION OF MEETINGS,TIMES,LOCATIONS AND PURPOSES EXECUTIVE SESSION ON JULY 7,1997) WORK SESSION ON JULY 7,1997 )Board Members Slocum/Otero M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M.ON JULY 7,1997 IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON JULY 7,1997 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 8:00 P.M. Rudy/AsqVjAP.W JAR-utive Secretary ines Pfeifer,