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Home My WebLink About1998-11-09 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS NOVEMBER 9,1998 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona,was held on November 9,1998,at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Acceptance of Agenda dated November 9,1998 Acceptance of Minutes dated July 13,1998 BA -2-98 -Applicant's request approved CALL TO ORDER ROLL CAL Chairman Pfeifer called the meeting to order at 7:00 P.M. Board Members Present:Jim Pfeifer,Chairman Mari Gardner,Vice Chairman Howard Littell John Hartwig Staff Present:Rudy Esquivias,Zoning Administrator R.Joel Stern,City Attorney Jackie LeCount,Recording Secretary Others Present:Charles C.Rineholt Lee Eriksson ACCEPTANCE OF AGENDA BOARD MEMBERS -GARDNER/HARTWIG M/S "I MOVE WE ACCEPT THE AGENDA DATED NOVEMBER -9,1998,. AS PRESENTED." VOTE:4-0 The motion carried. BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9,1998 PAGE 1 APPROVAL OF MINUTES BOARD MEMBERS HARTWIG/GARDNER M/S "I MOVE WE ACCEPT THE AGENDA DATED JULY 13,1998,AS PRESENTED". VOTE:4-0 The motion carried. PUBLIC HEARINGS AND POSSIBLE ACTIONS Chairman Pfeifer introduced Case BA -2-98,an application to the Board of Adjustment and Appeals to extend the zoning district classification of CB -2 (General Commercial Zone)on a parcel,which apparently exists on part of the parcel,to encompass the entire parcel. He explained the General Conduct Rules. PUBLIC HEARINGS CASE BA -2-98 )Chairman Pfeifer opened the public hearing for Case BA -2-98 and asked for staff briefing. Rudy Esquivias,Zoning Administrator informed the Board that this is a request by Lee Eriksson for the Board of Adjustment and Appeals to interpret the Zoning Map of the City of Apache Junction in regard to the zoning classification assigned to the property,located several hundred feet west of S.Tomahawk Road on the south side of Old West Highway in Apache Junction,or for the Board of Adjustment and Appeals to extend the zoning district classification of CB -2 (General Commercial Zone),which exists on part of the parcel,to encompass the entire parcel. The subject parcel appears to be partly zoned CB -2 and partly zoned TH (Trailer Homesite Zone).He said this determination was made by comparing the city's current Zoning Map that was originally drawn in 1985,the city's old pre -1985 Zoning Map and the Pinal County BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9,1998 PAGE 2 Assessor's Map,which shows approximate dimensioned property boundaries. The discrepancy in the assigned zoning classification becomes evident when the maps are comparatively scaled out.He explained some of the facts to the Board pertaining to this case. Mr.Esquivias pointed out that the Board has in the past allowed a boundary extension in one case and has permitted the extension of a CB -2 zoning boundary into a GR area.The Board of Adjustment,according to Section 11.0103(b),has the power to "allow the extension of a zone where the boundary line thereof divides a lot in one ownership at the time of enactment of this ordinance." He explained the other options in this case which the applicants have not requested. Chairman Pfeifer thanked Mr.Esquivias for his presentation and asked if the applicant or representative wished to address the Board regarding this matter.Mr.Lee Eriksson was sworn in by Chairman Pfeifer before his presentation. Mr.Eriksson explained that in 1997 the initial site plan was submitted.It was determined to be zoned CB -2.Although different reference maps showed different zonings,the Planner at that time was certain the entire parcel was CB -Z.Since then,we have gone through many site plans and met with the property owners on both sides. Mr.Esquivias pointed out that part of the property was zoned CB -2 and partly zoned TH (Trailer Homesite Zone). Mr.Littell asked when the property was acquired. Mr.Eriksson answered in 1997. Chairman Pfeifer asked if the property was specified as CB -2,what are the future plans for the property. Mr.Eriksson said i t is planned for a service center. It would be well -suited as an Automotive and RV Services Center.The lower portion would be for RV and boat storage. BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9,1998 PAGE 3 Mr.Hartwig asked if on the preliminary plan if a "Midas"franchise could be in the service area. City Attorney Stern reminded the Board that this is not a rezoning issue. Chairman Pfeifer thanked Mr.Eriksson and asked i f there was anyone who wished to speak in opposition to the request. Mr.Charles Rineholt spoke of his concerns regarding the property's elevation being much lower than the surrounding property. Another concern was the drainage of water from the two 4 -foot culverts. Other concerns included where the fill was going to come from to raise the property,pollution and noise level. property location. on the map. Mr.Hartwig asked Mr.Rineholt to point out his Mr.Rineholt pointed out the location of his property Chairman Pfeifer commented that any water drainage goes into Weeke's Wash. More discussion followed concerning the questions which should be addressed by the City Engineer. Mr.Esquivias stated that the City has a Dark Sky Ordinance and explained what types of controls on noise and lights are built into the Zoning Ordinance. Chairman Pfeifer asked if there was anyone who wished to speak in rebuttal. Mr.Rineholt asked a series of questions regarding flood control,and earth brought in to build up property in front of him. Mr.Eriksson explained that the flow of water could not be changed.The retention basins need to be on site,i t doesn't affect the drainage at all. BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9,1998 PAGE 4 Chairman Pfeifer closed the meeting to the public. He asked if any Board members had any questions or comments.No one responded;therefore he would entertain a motion. MOTION ON CASE BA -2-98) GARDNER/LITTELL M/S "I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEALS APPROVE CASE BA -2-98,A REQUEST BY LEE ERIKSSON, REPRESENTING LEAR DEVELOPMENT,L.L.C.,FOR THE BOARD OF ADJUSTMENT AND APPEALS TO INTERPRET THE ZONING MAP OF THE CITY OF APACHE JUNCTION IN REGARD TO THE ZONING CLASSIFICATION OF CB -2,WHICH APPARENTLY EXISTS ON PART OF THE PARCEL,TO ENCOMPASS THE ENTIRE PARCEL. FINDINGS: 1.Various vaguenesses and a series of human drawing errors on different reference maps, as they relate to the subject site and surrounding sites. 2.An extension of the CB -2 zone for the subject site would be compatible with other commercially zoned properties in the immediate area. 3.An extension of the CB -2 zone to encompass the entire subject site would be in compliance with the General Plan's commercial land use designation for the frontage along Old West Highway". Vote:4-0 City Attorney Stern informed the public that any person aggrieved by a decision of the legislative body or board,or a taxpayer, office or department of the municipality affected by a decision of the BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9,1998 PAGE 5 legislative body or board may,at any time within thirty days after the board,or the legislative body (if the Board decision was appealed pursuant to Subsection J of this section)has rendered its decision,file a complaint for a special action in Superior Court to review the legislative body or board decision.Filing the complaint does not stay the proceedings on the decision sought to be reviewed,but the court may, on application,grant a stay and on final hearing may affirm or reverse in whole or in part,or modify the decision reviewed. OLD BUSINESS None NEW BUSINESS None INFORMATION AND REPORTS Mr.Esquivias announced that a memorial was being dedicated this evening at Veterans Memorial Park for Officer Russell Duncan. The City of Apache Junction will be celebrating their 20°year anniversary on November 17,1998 at the Veterans Memorial Park. SELECTION OF MEETING DATES.TIMES.LOCATIONS.AND PURPOSES EXECUTIVE SESSION ON DECEMBER 7,1998 WORK SESSION'ON DECEMBER 7,1998) BOARD MEMBERS GARDNER/HARTWIG M/S "I MOVE THAT THE NEXT EXECUTIVE SESSION BE HELD AT 6:30 P.M.ON DECEMBER 7,1998,IN THE DEPARTMENT OF DEVELOPMENT SERVICES CONFERENCE ROOM: AND THAT THE NEXT WORK SESSION BE HELD AT 6:45 P.M.ON DECEMBER 7,1998,AND A REGULAR MEETING BE HELD AT 7:00 P.M.IN THE CITY COUNCIL CHAMBERS". VOTE:4-0 The motion carried. BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 19,1998 PAGE -6 ADJOURNMENT There being no further business to discuss,and with no objections,Chairman Pfeifer adjourned the meeting at 8:20 P.M. Rudy ecutive Secretary ames Pfeifer, BOARD OF ADJUSTMENT AND APPEALS NOVEMBER 9,1998 PAGE 7