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HomeMy WebLinkAbout2000-01-10 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS JANUARY 10,2000 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona was held on January 10,2000 at the Apache Junction City Council Chambers,pursuant to the notice required by law. CALL TO ORDER Executive Secretary Rudy Esquivias called the meeting to order at 7:00 p.m. ROLL CALL Board Members Present:Mary Gardner John Hartwig Sandra Spelman Sherri McGahan Tracie Thiele Kent Slocum Staff Present: Guests Present: Rudy Esquivias,Zoning Administrator Glen Van Nimwegen,Director,Development Serv. Paul Michaud,Associate Planner R.Joel Stern,City Attorney Jackie LeCount,Recording Secretary Richard Pierce,Box 1018,Apache Jct. George McMartin,1422 E.30"Avenue T.E.Cosgrove,3500 S.Tomahawk Merritt G.Damrell,3500 S.Tomahawk Carol Bailey,3405 S.Tomahawk Jim Werner,1296 N.Cortez Road John Bulkley,2222 Em Main St.,Mesa BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,2000 •PAGE 1 • • ACCEPTANCE OF AGENDA Board Members Vice Chairman Gardner/McGahan MOVED THAT THE AGENDA BE APPROVED AS PRESENTED. The motion carried. ACCEPTANCE OF MINUTES Board Members Vice Chairman Gardner/McGahan MOVED THAT THE MINUTES DATED NOVEMBER 8,1999 BE APPROVED AS PRESENTED. The motion carried 5-1 with Mr.Slocum abstaining due to his absence. PUBLIC HEARINGS CASE BA-5-99/REQUEST TO ) AMEND THE TIME STIPULATION) FOR TEMPORARY USE )Chairman Hartwig introduced the item,a request by Vicki Van Dyke,representing Hal J.Earnhardt,III of Earnhardt Properties Limited Partnership,for an amendment to the temporary use to hold off -site automobile and recreational vehicle sales at the undeveloped property owned by Earnhardt Properties Limited Partnership approved by the Board of Adjustment on November 9,1999.The subject property is located at the southwest corner of the Superstition Freeway and Tomahawk Road. Paul Michaud,Associate Planner explained the Board of Adjustment heard this case on November 8,1999 when the applicant requested to use approximately two acres of the subject twenty -acre site for a temporary use to sell recreational vehicles and automobiles. Mr.Michaud explained Earnhardt Limited Partnership requests to amend the time stipulation (stipulation two)approved by the Board on November 8,1999. Stipulation Two allowed the applicant to hold one event per month,not to exceed five consecutive days during the nine month period permitted for temporary uses.The stipulation provided the applicant nine events,totaling 45 days. BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,2000 PAGE 2 •Mr.Michaud stated that at that time,the Board had approved 8 stipulations with this temporary use.Mr.Michaud briefly reviewed the stipulations with the Board.Between December 8 and December 12,the applicant did hold their first event and now requests to hold one event,45-60 days in duration, within this nine month period that ends August 28,2000. • • Chairman Hartwig asked i f the applicant wished to speak. John Bulkley,2222 E.Main stated he is representing Earnhardt Properties this evening and thanked the Board for the opportunity to be part of Apache Junction. Board Member Slocum asked asked when they expected to break ground. Mr.Bulkley said they hope to break ground between the spring and summer but i t depends on permits and architectural things.Mr.Bulkley said that they had more people show up after they were breaking down the tent than when the tent sale was in progress.Our request is based on the fact that we rather hold one event that lasts 45 to 60 days in duration sometime between January 12, 2000 and August 12,2000. Board Member McGahan asked if the applicant was close to complying with the request from the Fire district. Mr.Bulkley said each RV is spread out and has a fire extinguisher.The tent structure complies with the Apache Junctiion Fire District requirements.The City of Apache Junction and Earnhardt are working together to bring water to the property and eventually fire hydrants will be installed on the site with construction of the permanent facility. Board Member Thiele asked the completion date of the event. Mr.Buckley said that if they start in January i t could end in March but our market for the RV's does start when the winter visitors are here. Chairman Hartwig asked i f anyone wished to speak in favor or opposition of this item. BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,2000 PAGE 3 • • Carol Bailey,3405 S.Tomahawk said she is a resident of Denali Park,which is located east of the Earnhardt site.During the sale,the site looked like a junkyard.Ms.Bailey's main concern is the dust that appears to blow from the graded portion of the property that was not being used for the sale. There are people living in the park that are on oxygen.Ms.Bailey suggested they put down some type of gravel to help with the dust problem and put some plant life back in. Mr.Bulkley explained that the units are lined at an angle so that everyone can see them.Regarding the dust,we can certainly lay down more gravel. There is a permanent fence there and we will be adding more security.Mr. Bulkley said that a contractor in the area has offered to have water trucks come through anytime they ask. Mr.Buckley requested that the Board place a condition that Earnhardt lay decomposed granite over the entire graded area on the property to control dust. Chairman Hartwig closed the hearing to the public. Vice Chairman Gardner asked i f the Board needed to add a stipulation to the motion regarding the spreading of granite over the entire graded area on the property to control dust or rely on good faith. City Attorney Stern stated that the Board has the authority to add any reasonable conditions of the Board of Appeals to carry out any provisions of the zoning ordinance.Mr.Stern suggested that because there will be an added cost for the granite,the Chairman may want to re -open the hearing and ask the applicant's representative what would be acceptable regarding dust control provisions. Vice Chairman Gardner asked i f i t was legal for the Board to add to No.1 "dust control provision added as needed". Mr.Michaud pointed out to the Board that Condition No.5 was already approved and mentions dust control. BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,2000 PAGE 4 •Chairman Hartwig reopened the hearing to the public. Mr.Buckley said he appreciated the good faith language but he would like the Board to ask the applicant to increase the gravel amount put down on the property to extend from the south to the north boundary (US60 to the Apache East wall)and from the east to the farthest west point of the scraped area. City Attorney Stern stated that any person aggrieved by a decision of the 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 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 reivewed. Board Members McGahan/Spelman -M/S MOVED THAT BA -05-99,A REQUEST BY VICKY VAN DYKE,REPRESENTING EARNHARDT LIMITED PARTNERSHIP,FOR AN AMENDMENT TO THE TEMPORARY USE TO HOLD OFF -SITE TENT AUTOMOBILE AND RECREATIONAL VEHICLE SALES,APPROVED BY THE BOARD OF ADJUSTMENT ON NOVEMBER 8,1999,ON THE UNDEVELOPED SITE OWNED BY EARNHARDT AT vir THE SOUTHWEST CORNER OF THE SUPERSTITION FREEWAY AND TOMAHAWK ROAD (3400 S. TOMAHAWK ROAD)BE APPROVED. CONDITIONS OF APPROVAL: 1)THE TEMPORARY OFF -SITE TENT AUTOMOBILE AND RECREATIONAL VEHICLE SALES SHALL BE ALLOWED FOR ONE EVENT,NOT TO EXCEED SIXTY CONSECUTIVE DAYS, WITHIN THE REMAINING TIME PERMITTED IN CASE NO.BA -05-99 APPROVED NOVEMBER 8,1999.THE DESIGNEE FOR EARNHARDT LIMITED PARTNERSHIP MUST PROVIDE THE PLANNING DIVISION WITH A SCHEDULE OF EVENT DAYS AT LEAST FIVE WORKING DAYS BEFORE THIS EVENT,AND ANY CHANGES AS EARLY AS REASONABLE. 2)THE AREA USED FOR THE TEMPORARY SALES EVENT MUST HAVE ADEQUATE FIRE PROTECTION IN AGREEMENT WITH THE APACHE JUNCTION FIRE DISTRICT,PRIOR TO HOLDING THE 45-60 DAY TEMPORARY SALES EVENT. BOARD OF ADJUSTMENT AND APPEALS JANUARY'10,2000 •PAGE 5 3)THAT GRAVEL SHALL BE SPREAD AND EXTENDED (WITHIN THE CONFINES OF THE•PROPERTY)FROM US 60 AT THE NORTH TO THE APACE EAST WALL TO THE SOUTH, AND FROM THE EAST TO THE FARTHEST POINT WEST OF THE SCRAPED AREA PRIOR TO HOLDING THE NEXT EVENT (TO CONTROL DUST). 4)ALL CONDITIONS APPROVED BY THE BOARD OF ADJUSTMENT ON NOVEMBER 8,1999 REGARDING CASE NO.BA -05-99,APPOROVING THE TEMPORARY USE TO HOLD OFF- SITE TENT AUTOMOBILE AND RECREATIONAL VEHICLE SALES THAT ARE IN EFFECT SHALL APPLY. REASONS FOR APPROVAL 1)THAT THE SUBJECT PROPERTY,ZONED C-3/PD ALLOWS FOR THE SALE OF AUTOMOBILES AND RECREATIONAL VEHICLES. 2)NO APPARENT NEGATIVE IMPACT ON THE PUBLIC AND NEIGHBORHOOD APPEAR TO EXIST WITH THE TEMPORARY SALE OF AUTOMOBILES AND RECREATIONAL VEHICLES DESCRIBED IN THE APPLICANT'S APPLICATION REQUEST. The vote carried 6-0. VARIANCE TO ALLOW .A SWIMMING ) Alk SWIMMING POOL IN THE W BUILDABLE AREA OFA RESIDENTIAL) PROPERTY,-BA -O6-99 )).Chairman Hartwig announced the item BA -06-99, a request by.James L.Werner,property owner,for a -variance to construct A swimming pool within the north side yard of his R1-43,(Single Family Residence Zone)five -gross acre property.Pursuant to the Zoning .Ordinance,Section 6.0128(0(1),pools are typically permitted only in the rear yard or buildable Area behind the main building-The subject property is located at the southwest corner of N.Cortez Road and ,E. ,Manzanita-Street (1296 ,N,Cortez)!. Paul Michaud,Associate Planner'stated ,pools are typically permitted only in the rear yard or buildable area for properties located in the other than CRA, CRJ.2,and CR-3.The north side of the subject property is designated as a side yard for determining building setbacks,with the east side (Cortez Road): AsAhe front yard. BOARD OF ADJUSTMENT AND:APPEALS - JANUARY' 10,2000•PAGE 6 S • • Mr.Michaud explained that on this particular piece of property the east side (Cortez Road)became the "designated"front yard for matters of complying with zoning setbacks of the Zoning Ordinance.The flood zone constraints on this property affected the location of the existing house and the location of the driveway to an improved roadway easement.The pool proposed is 7 feet from the 33 -foot Federal Patented Easement,but located within the 20 -foot required side -yard setback.Setbacks are taken from the inside edge of the F.P.E.,not what would be the center line of the reserved right-of-way. Mr.Michaud went over the alternatives that he discussed with Mr.Werner to resolve the pool location problem.Mr.Werner opted to request a variance. Mr.Michaud stated the Board,as outlined by Arizona Revised Statutes §9- 462.06 and the Zoning Ordinance (Section 12.0102),may grant variances provided certain criteria are satisfied. Mr.Michaud said the Planning Division supports granting the applicant's request for a variance to permit a swimming pool within the north side yard, outside the buildable area,of the subject property.There appears to be some justification pertaining to the physical conditions of this particular lot regarding flood zone constraints and no apparent negative impact exists on the public and neighborhood. Mr.Michaud stated staff received one comment from a property owner to the southwest of the subject property and he had no problem with the request. The Fire District had no recommendation either for or against this proposal. There were no questions from the Board at this time. Chairman Hartwig asked the applicant i f he wished to speak. Jim Werner,1296 N.Cortez,explained that there is no other place that the pool could built in the front or back yard except in the north side -yard setback.Mr.Werner said that he had gone over all of this with the builder and custom built the house to fit the lot because of the flood zone constraints.It is set up so that when you walk out of the house there is a northerly patio and pool surrounded by a fence.He added that the pool was shown on his permit for his house. BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,2000 PAGE 7 Rudy Esquivias,Zoning Administrator explained to the Board that what is being•built now is what is reviewed and approved on the building permit.As a courtesy,staff might comment on future proposed structures.These future projects are submitted at a later date for review and approval. • Board Member Thiele questioned the block wall shown on the plans and its location encroaching into the Federal Patented Easement. Mr.Michaud said he believed the Engineering Division already approved an encroachment permit for this wall from discussion with the City Engineer. Chairman Hartwig asked for public input.Hearing none,he closed the public hearing. Board Member McGahan asked i f the pool was going to affect the utility easements as far as encroachment. Mr.Michaud stated that the pool is located 7 feet south of the Federally Patented Easement. Mr.Esquivias added that only the wall will be in the utility easement and Engineering Division has agreed to grant an encroachment permit for the wall. Board Member McGahan referred to the Memo from Dave Gillette,Civil Engineering Plan Reviewer,regarding No.3 which states that the applicant will be requested to provide a letter stating that if any utility company needs to use the Easement,Mr.Werner will be responsible to remove and replace any interfering wall.She asked if that was correct. Mr.Esquivias stated that basically what the encroachment agreement says i t that the City does not object to the structure being put in the Federally Patented Easement,however,i t is the responsibility of the property owner to remove i t for the utility company or City need at his own expense. Vice Chairman Gardner/Spelman -M/S MOVED THAT BA -06-99,A REQUEST BY JAMES WERNER,FOR A VARIANCE TO THE ZONING ORDINANCE,SECTION 6.0128,SWIMMING POOLS,POOLS,AND PONDS,ALLOWING A SWIMMING POOL OUTSIDE THE BUILDABLE AREA,BE APPROVED. BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,20004)PAGE 8 REASONS FOR APPROVAL • 1.IT APPEARS UNIQUE PHYSICAL CONDITIONS EXISTS,INCLUDING FLOOD ZONE CONSTRAINTS AND VARYING ELEVATION,THAT LIMITS A FEASIBLE LOCATION FOR A SWIMMING POOL. 2.THE CONSTRUCTION OF THE PROPOSED SWIMMING POOL IN THE NORTH SIDE YARD, OUTSIDE THE BUILDABLE AREA,DOES NOT APPEAR TO BE DETRIMENTAL TO THE NEIGHBORHOOD IN TERMS OF LOSS OF PROPERTY VALUE,HEALTH,SAFETY OR AESTHETICS. The vote was unanimous,6-0. Chairman Hartwig stated that any person aggreived by the decision of the Board may,within thirty days,file a complaint for a special action in the Superior Court. OLD BUSINESS None NEW BUSINESS None REQUEST OF STAFF None INFORMATION AND REPORTS SELECTION OF MEETINGS,TIMES,LOCATIONS AND PURPOSES Vice Chairman Gardner MOVED THAT AN EXECUTIVE SESSION BE HELD AT 6:30 P.M., WORK SESSION AT 6:45 P.M.AND REGULAR MEETING AT 7:00 P.M.ON FEBRUARY 14, 2000 Board Member McGahan SECONDED THE MOTION The vote carried unanimously (6-0). BOARD OF ADJUSTMENT AND APPEALS JANUARY 10,2000 PAGE 9 ADJOURNMENT There being no further business to discuss,and with no objections,Chairman Hartwig adjourned the meeting at 8:00 P.M. Rudy E cutive Secretary -.Hartwig; _Chairman MAR'6 AlZWICA BOARD OF :ADJUSTMENT AND APPEALS JANUARY 10,2000 PAGE 10