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HomeMy WebLinkAbout2003-09-08 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS MEETING OF SEPTEMBER 8,2003 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona was held on September 8,2003,at the Apache Junction City Conference Center,pursuant to the notice required by law. SYNOPSIS Case BA -2-03 -Temporary Use Permit to erect a 30x50 frame tent.Continued due to lack of a quorum,from the July 14,2003 meeting. CALL TO ORDER Vice Chair McGahan called the meeting to order at 7:00 p.m. ROLL CALL Board Members Present:Board Member Carol Urich Vice Chairwoman Sherri McGahan Board Member Dan Austin Board Member Judith Newman Board Member James Schecter Board Members Absent:Chairwoman Marl Gardner Board Member Sandra Spelman Staff Present:Interim Development Services Director Rudy Esquivias Associate Planner Charles Beck City Attorney Joel Stern BOARD MEMBERS URICH/SCHECTER M/S "MOVE TO ADJOURN TO EXECUTIVE SESSION." MOTION CARRIED VOTE 5-0 BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 1 OF 8 Rudy Esquivias,Interim Development Services Director, announced at this time (7:05 p.m.)the Board of Adjustment and Appeals will adjourn to the City Conference Room for an Executive Session. Vice Chair McGahan reconvened the meeting at 7:36 p.m. ACCEPTANCE OF AGENDA BOARD MEMBERS AUSTIN/URICH M/S "MOVE TO ACCEPT THE CONSENT AGENDA OF SEPTEMBER 8, 2003." MOTION CARRIED VOTE 5-0 BOARD MEMBERS AUSTIN/SCHECTER M/S "MOVE TO ACCEPT THE MINUTES OF APRIL 8,2003 AS WRITTEN." MOTION CARRIED VOTE 5-0 PUBLIC HEARINGS BA -2-03 Temporary Use ) Permit ,request by Apache) Junction Baptist Church ) Vice Chair.McGahan announced that BA -2-03 is a request by the Apache Junction Baptist Church,2229 W.Broadway .Avenue, represented by Greg Bowers,Pastor,for a Temporary Use Permit to place a frame tent (30 feet x 50 feet)on the five (5)acre property for no longer than nine (9)months,for the purpose of conducting church activities. Charles Beck,Associate Planner,reported that the land uses adjacent to the above mentioned property include:property north across Broadway Avenue zoned CB -1 and developed with a Circle K, properties to the east and south zoned CR-3 (Apache Villa subdivision), and the property to the west zoned CR-4/PD (Apache Dream Townhouses). Existing structures,as represented by the applicant's site plan,include the BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 2 OF 8 Fellowship Hall and Worship Center.The existing lot coverage is 2.9%.The proposed 1,500 square foot temporary structure would increase the lot coverage to 3.6%.The maximum allowable lot coverage for the CR-3 district is 40%. The remaining area of the 5 acre parcel is covered by a 3,000 square foot basketball court and a dirt surface that is used for unstructured parking throughout the lot.The district maximum building height is 30 feet.The proposed structure is 16 feet in height. This temporary nine (9)month permit request comes to the Board of Adjustment pursuant to Section 11.0103h of the City Zoning Ordinance.The Zoning Ordinance grants the Board of Adjustment 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. The CR-3 zone does not permit a church use outright.The existing church use was approved through a Conditional Use Permit.The placement of the requested temporary structure will increase the density and intensity of the church buildings and activities.These temporary increases are not perceived to have a negative impact upon the property or the surrounding neighborhood. This case was continued from the hearing scheduled on July 14,2003,because of a lack of a quorum.The applicant's letter for the July 14,2003 hearing stated that the.tent was to ,be used daily from July 14,2003 to July 18,2003, and for the remaining 9 months .of the request on Sunday mornings and Wednesday and Thursday evenings.Because of the continuation.,the applicant wishes to apply the Temporary Use Permit for the nine (9)month period of September 8, 2003 to June 8,2004.The site plan and the staff site visit reveal that there is adequate parking upon the 5 acre grounds for the proposed additional activities.The tent participants will use the sanitary facilities located in the nearby Fellowship Hall.At this time,no decision has been reached as to whether the .church will someday construct a permanent facility for these activities. Staff has received three (3)calls asking about the purpose of this Temporary Use Permit.I explained to them the placement of the tent relative to the existing buildings. Staff recommends approval of BA -2-03 for the following reason: 1)Upon compliance with the staff recommended stipulations,there appears to BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 3 OF 8 not be a negative impact upon the existing neighborhood due to the size of the property and the temporary sitting of the proposed structure. Staff recommends the following stipulations be required for approval of this permit: 1.That the applicant comply with any applicable building codes. 2.That the hours of operation be limited from 8 a.m.to 9 p.m. 3.That the Temporary Use Permit be issued for a nine (9)month period beginning on September 8,2003 and ending on June 8,2004. 4.That the Temporary Use Permit is nonrenewable. 5.No structural additions to the approved tent be permitted. 6.Any external lighting be in compliance with Article 23,the Dark Sky Ordinance. 7.The Temporary Use Permit is revocable upon non-compliance with any regulations governing the public health,safety,convenience and general welfare. 8.The tent shall be removed from the site on or before the expiration date of the Temporary Use Permit. Vice Chair McGahan asked if there are stipulations for dust control regarding the open space for parking?That area is all dirt. Charles Beck,Associate Planner,said there were no stipulations for dust control because of the existing use already on the property.There is no stipulation in the Conditional Use Permit that staff was aware of for that particular property. Vice Chair McGahan commented that she thought there would be more vehicles because they anticipated more activity in addition to what they already have.Are there any questions for staff?Hearing none, would the applicant or representative wish to address the Board?Hearing none,is there anyone that would like to speak for or against this item? Bill Knapp,910 S.Ocotillo Drive,A.J.,addressed the Board.I reside in the Apache Villa section.Most of my questions have been BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 4 OF 8 answered by Mr.Beck.Is the use of the tent facility by the members of the Baptist Church,or is it opened up to other religious organizations not generally housed within the church facilities?Why are they requesting an additional facility if the current facility is satisfied by the existing structure? Charles Beck,Associate Planner,answered that they wish to introduce youth activities through the church and that is the primary use of this tent. Mr.Knapp remarked,so i t is an adjunct of the Baptist Church activities and they will use the sanitary facilities of the existing structure.What is the anticipated noise level in the tent?Will i t be hymnal singing,hallelujahs and amen's or just general church activities? Charles Beck,Associate Planner,said during the pre- application discussion with the applicant,it was indicated that there was not going to be an evangelical use to it that it was pretty much for children activities.The uses would be internal to the church itself and not loud music. Board Member Urich asked Mr.Knapp if the existing activities interfered with the quality of life? Mr.Knapp said no,they do not.Do they propose parking RV's there or just passenger vehicles? Charles Beck,Associate Planner,said there are no hookups for RV's that are permitted in the code and there was no application for such. Mr.Knapp asked if this Special Use Permit had ever been requested in prior years or is this the first time? Rudy Esquivias,Interim Development Services Director, answered no,there was a Conditional Use Permit granted for the church a number of years ago,but never this type of a temporary permit before.At least not on this site. Vice Chair McGahan asked if there was anyone that wishes to speak for or against this item?Hearing none,the public hearing is closed and opened for discussion among the Board members. BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 5 OF 8 Board Member Austin noted that obviously,they are going to have to have power.I didn't observe any power facilities to that location.Are they going to use power there? Charles Beck,Associate Planner,answered,they would have to come in and apply for a temporary electrical permit. Vice Chair McGahan announced with no further discussions,she would entertain a motion. BOARD MEMBERS AUSTIN/URICH M/S "I MOVE THAT BA -2-03,A REQUEST BY GREG BOWERS, REPRESENTING APACHE JUNCTION BAPTIST CHURCH,REQUESTING A TEMPORARY USE PERMIT (TUP)TO PLACE A FRAME TENT (30'X 50')ON THE 5 ACRE PROPERTY,APN 102-13-152, ZONED CR-3 (SINGLE FAMILY RESIDENCE)FOR NO LONGER THAN NINE (9)MONTHS,FOR THE PURPOSE OF CONDUCTING CHURCH ACTIVITIES LOCATED AT 2229 W.BROADWAY AVENUE,NEAR THE SOUTHEAST CORNER OF BROADWAY AVENUE AND DELAWARE DRIVE,BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1.THAT THE APPLICANT COMPLY WITH ANY APPLICABLE BUILDING CODES. 2.THAT THE HOURS OF OPERATION BE LIMITED FROM 8 A.M.TO 9 P.M. 3.THAT THE TEMPORARY USE PERMIT BE ISSUED FOR A NINE (9)MONTH PERIOD, BEGINNING ON SEPTEMBER 8,2003 AND ENDING ON JUNE 8,2004. 4.THAT THE TEMPORARY USE PERMIT IS NONRENEWABLE. 5.NO STRUCTURAL ADDITIONS TO THE APPROVED TENT BE PERMITTED. 6.ANY EXTERNAL LIGHTING BE IN COMPLIANCE WITH ARTICLE 23,THE DARK SKY ORDINANCE. 7.THE TEMPORARY USE PERMIT IS REVOCABLE UPON NON-COMPLIANCE WITH ANY REGULATIONS GOVERNING THE PUBLIC HEALTH,SAFETY,CONVENIENCE AND GENERAL WELFARE. 8.THE TENT SHALL BE REMOVED FROM THE SITE ON OR BEFORE THE EXPIRATION DATE OF THE TEMPORARY USE PERMIT." MOTION CARRIED VOTE OF 5-0 BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 6 OF 8 Rudy Esquivias,Interim Development Services Director, noted that if the applicant or any aggrieved individual should wish to challenge the decision of the Board,they must appeal within 30 days to Superior Court. OLD BUSINESS None NEW BUSINESS None REQUEST OF STAFF None INFORMATION AND REPORTS Rudy Esquivias,Interim Development Services Director, welcomed two new members Carol Urich and Judith Newman to the Board of Adjustment. SELECTION OF MEETING DATE,TIMES,LOCATIONS,AND PURPOSES BOARD MEMBERS URICH/SCHECTER M/S "MOVE THAT AN EXECUTIVE SESSION OF THE BOARD OF ADJUSTMENT & APPEALS BE HELD AT 6:30 P:M.,AND THE REGULAR MEETING AT 7:00 P.M.ON NOVEMBER 10,2003." Rudy Esquivias,Interim Development Services Director, noted that there will be no meeting in October due to a holiday falling on the scheduled meeting day,and there are no 'agenda items for October. MOTION CARRIED VOTE OF 5-0 Vice -Chair McGahan announced there being no further business to discuss,and with no objections-,Vice Chair McGahan adjourned the meeting at 8:10 p.m. BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 7 OF 8 RUDY INTERI SHE I MCGAHAN VICE CHAIRWOMAN (FICIVI V IASy, FMENT SERVICES DIRECTOR BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 8,2003 PAGE 8 OF 8 ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION,ARIZONA CASE NO.BA -2-03 DATE OF PUBLIC HEARING: APPLICANTS: PROPERTY LOCATION: TAX ASSESSOR'S PARCEL #: SIZE OF SUBJECT PARCEL: ZONING DISTRICT: REQUEST: BOARD OF ADJUSTMENT ACTION: September 8,2003 Greg Bowers Apache Junction Baptist Church The subject site is located at the southeast corner of West Broadway Avenue and South Lawther Drive. 102-13-152 5 gross acres CR-3 (Single Family Residence Zone) The applicant requests a Temporary Use Permit (TUP)to place a 16 foot high frame tent (30'x50')on a 5 acre property,zoned CR-3 (Single Family Residence)for no longer than 9 months,for the purpose of conducting church activities. Board Members Austin/Urich M/S "I move that BA -2-03,a request by Greg Bowers,representing Apache Junction Baptist Church,requesting a Temporary Use Permit (TUP)to place a frame tent (30'x50')on the 5 acre property,APN 102-13-152,zoned CR-3 (Single Family Residence Zone),for no longer than 9 months,for the purpose ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -2-03 (Greg Bowers/Apache Junction Baptist Church Page 1 of 3 of conducting church activities located at 2229 West Broadway Avenue, near the southeast corner of Broadway Avenue and Delaware Drive,be approved. CONDITIONS OF APPROVAL: 1)That the applicant comply with any applicable building codes. 2)That the hours of operation be limited from 8 a.m.to 9 p.m. 3)That the Temporary Use Permit be issued for a nine (9)month period,beginning on September 8, 2003 and ending on June 8,2004. 4)That the Temporary Use Permit is nonrenewable. 5)No structural additions to the approved tent be permitted. 6)Any external lighting be in compliance with Article 23,the Dark Sky Ordinance. 7)The Temporary Use Permit is revocable upon non-compliance with any regulations governing the public health,safety,convenience and general welfare. 8)The tent shall be removed from the site on or before the expiration date of the Temporary use Permit. FINDINGS OF FACT: The findings are: ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -2-03 (Greg Bowers/Apache Junction Baptist Church Page 2 of 3 I)The subject property,zoned CR-3 allows church activities through a Conditional Use Permit (CUP). 2)Upon compliance with the staff recommended stipulations there appears to not be a negative impact upon the existing neighborhood due to the size of the property and the temporary sitting of the proposed structure." MOTION PASSED 5-0 (Board members Gardner and Spelman absent) SIGNED: MA1 -2-7- I GARDNER,CHAIRWOMAN DATE BOARD OF ADJUSTMENT & APPEALS ATTEST: RU BOARD F ADJUS EXECUTIVE SECRETARY ENT & APPEALS DATE CC: -(applicant)Greg Bowers.2229 W.Broadway Ave.,Apache Junction,AZ 85220 -City Manager -Assistant City Manager -City Clerk -City Council -City Attorney -Planning and Zoning Commission Members -Interim Development Services Director -Planning Division Staff -Dave Montgomery,Fire District -Case File BA -2-03 ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -2-03 (Greg Bowers/Apache Junction Baptist Church Page 3 of 3