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Home My WebLink About2004-07-12 BOA MINUTESBOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS MEETING OF JULY 12,2004 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction,Arizona,was held on July 12,2004,at the Apache Junction City Council Chambers,pursuant to the notice required by law. SYNOPSIS Case BA -2-04 -Adjustment of Zoning Boundary Line on Parcel 101-19-012C CALL TO ORDER Chairwoman Gardner called the meeting to order at 7:00 p.m. ROLL CALL Board Members Present:Chairwoman Mari Gardner Vice Chairwoman Sherri McGahan Board Member Carol Urich Board Member Sandra Spelman Board Member Pasquale D'Amico Board Members Absent:Board Member Dan Austin Board Member Judith Newman Staff Present:Development Services Director Rudy Esquivias Assistant City Attorney Mary Ann Coyne Assistant Planner Noel Griemsmann ACCEPTANCE OF AGENDA BOARD MEMBERS URICH/SPELMAN M/S "I MOVE FOR THE APPROVAL OF THE AGENDA." BOARD OF ADJUSTMENT AND APPEALS JULY 12,2004 PAGE 1 OF 5 MOTION CARRIED VOTE 5-0 BOARD MEMBERS SPELMAN/URICH M/S "I MOVE TO AMEND THE MINUTES OF JUNE 14,2004,TO EXCLUDE CITY ATTORNEY JOEL STERN'S NAME." MOTION CARRIED TO AMEND THE MINUTES VOTE 5-0 PUBLIC HEARINGS BA -2-04 Dan Greguska Adjustment of Zoning Boundary Line Assistant Planner Noel Griemsmann reported that Kenton Hawkes'property,located on Winchester Road,is currently zoned GR (General Rural)on the north 70 feet of the property and the remainder is zoned CR-5 (Multiple Family Residence Zone).The request is to adjust the CR-5 boundary northward 70 feet to provide a unified zoning classification for Parcel Number 101-19-012C. The 1977 Pinal County Zoning Map illustrates a CR-5 area 660 feet north of East Junction and 230 feet south of East Scenic Street.The City of Apache Junction's oldest map is unclear as to the exact boundary line location.The subject site was split after 1996.Current maps (2004)indicate the site is now in three separate -pieces. The request tonight is for the Board to authorize the original CR-5 zoning that was in -place to begin with by allowing that boundary to be adjusted up to the northern boundary of the subject parcel.Staff recommends approval of this boundary adjustment. Chairwoman Gardner 'asked if the applicant or representative mould like to address the Board on. this BOARD OF ADJUSTMENT AND APPEALS JULY 12,2004 PAGE 2 OF 5 Kenton Hawkes,1220 W.Sea Crest Drive,Gilbert,AZ,85233,addressed the Board.HO-has.nothing to add to Mr. Griemsmann's comments. Chairwoman Gardner asked if there was_anyone that would like to speak for or against this item?Hearing none, the'public hearing is closed and is opened for discussion among the Board members. Board Member Selman commented that she was a little confused on the information- Mr.Griemsmann provided.It is saying that the parcel was split after 1996,but the date of the subdivision was unknown.Can you explain how that can happen? Assistant Planner Noel Griemsmann said if you are splitting something 3 ways or:less you do not have to go throughAhe City subdivision process.Someone can .record a-landsplit (2 way: or 3 way)at anytime as long as it meets a certain minimuM (over 2 1/2 acres), This particular piecEmet that criteria.The10 was,SplThbetweeRJ996 and the current Assessor Office maps Board MembOr'SPelman asked if a Survey would have:been -doneiat that:time? Assistant Planner Noel Griemsmann said no,th6re would be no'requirement ,Chairwoman: Gardner announced with nb further discussions,a mOtion will be entertained, survey would have:been -doneiat that:time? said no,th6re would be no'requirement BOARD MEMBERS URICH/MCGAHAN MIS "I MOVEJHAT CASE BA -2-04,A REQUEST BY MR.KENTON HAWKES,ON BEHALF OF MR.' DAN GREGUSKA OF DANIEL ENTERPRISES INC.,FOR THE ADJUSTMENT OF THE CITY OF APACHE JUNCTION ZONING MAP BOUNDARY ON THE PARCEL LOCATED ATAPPROXIMATELY:280 NORTH WINCHESTER,ASSESSOR'S PARCEL NUMBER1101-19-012C,BE APPROVED AS FOLLOWS: THE BOUNDARY FOR THE CR-5 (MULTI -FAMILY RESIDENCE ZONE)ZONING DISTRICT THAT BOARD OF ADJUSTMENT AND APPEALS JULY 12,2004 PAGE 3 OF 5 BEGINS 660 FEET NORTH OF EAST JUNCTION DRIVE AT THE CENTERLINE OF NORTH WINCHESTER ROAD BE EXTENDED NORTHWARD FROM THAT POINT 396 FEET ON THE CITY OF APACHE JUNCTION ZONING MAP. THEIREASON FOR THIS APPROVAL IS TO CORRECT WHAT APPEARS TO BEAN EARLIER OVERSIGHT IN ESTABLISHING THIS PARTICULAR ZONING BOUNDARY IN RELATIONSHIP TO THE PROPERTY LINE." MOTION CARRIED VOTE 5-0 OLD BUSINESS . None NEW BUSINESS None REQUEST OF STAFF None EXECUTIVE SECRETARY INFORMATION AND REPORTS Development Services Director. Rudy Esquivias reported that City Attorney Joel Stern was unableAo attend due to - conflict: in his'schedUle_and we wantto thank_Assistant City Attorney Mary Ann _Coyne for 'attending:in -his place: Welcome:newBOard'Member Mr.-Pa'squale You. may have received information on an upcoming training seminar -in November for Board Members:and,Commissioners. As soon as further information is received Jt will be passed:on to you.Let staff know if you would like to. attend and _arrangements will be made foryou through the City. SELECTION OF MEETING DATE,TIMES,LOCATIONS,AND PURPOSES BOARD MEMBERS MCGAHAN/SPELMAN M/S "I MOVE THAT 'A REGULAR MEETING BE HELD AT 7:00 P.M. ON AUGUST 9, 2004, IN'THE CITY COUNCIL CHAMBERS.-' MOTION CARRIED VOTE OF 5-0 BOARD OF ADJUSTMENT AND APPEALS JULY 12, 2004 PAGE 4 OF 5 Chairwoman Gardner announced there being no further business to discuss,and with no objections,this meeting is adjourned at 7:18 p.m. .7.724L MARL GARDNER CHAIRWOMAN II AIL RUX DEVELIWNT SEaCES DIRECTOR BOARD OF ADJUSTMENT AND APPEALS JULY 12,2004 PAGE 5 OF 5 ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION,ARIZONA CASE NO.BA -2-04 DATE OF PUBLIC HEARING: APPLICANTS: PROPERTY LOCATION: TAX ASSESSOR'S PARCEL #: SIZE OF SUBJECT PARCEL: ZONING DISTRICT: REQUEST: BOARD AUTHORIZATION: July 12,2004 Mr.Kenton Hawkes on behalf of Mr.Dan Grequska of Daniel Enterprises,Inc. 280 North Winchester Road 101-19-012C 1.36 acres , GR (General Rural),Zoning Ordinance, Section 15.0100 and CR-5 (Multiple Family Residence),Zoning Ordinance,Section 15.0600. The applicants are requesting that the Board adjust the CR-5 zoning district boundary north approximately 70 feet to provide for full CR-5 zoning for the subject parcel. Pursuant to the Apache Junction City Code,Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Article 11, Section 11.0103 Powers,Subsection (4), which empowers the Board to: "Interpret the Zoning Ordinance when...the location of a zone boundary is in doubt." ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -2-04 (Hawkes/Greguska) PAGE 1 OF 2 BOARD OF ADJUSTMENT ACTION:Motion and Second by Board Members Urich/McGahan "I move that case BA -2-04,a request by Mr.Kenton Hawkes,on behalf of Mr.Dan Greguska of Daniel Enterprises,Inc.,for the adjustment to the City of Apache Junction Zoning Map boundary on the parcel located at approximately 280 North Winchester,Assessor's Parcel Number 101-19-012C,be APPROVED as follows: The boundary for the CR-5 (Multi -Family Residence Zone)zoning district that begins 660 feet north of East Junction Drive at the centerline of North Winchester Road be extended northward from that point 396 feet on the City of Apache Junction Zoning Map.The reason for this approval is to correct what appears to be an earlier oversight in establishing this particular zoning boundary in relationship to the property line." MOTION PASSED,VOTE 5-0. SIGNED: MAR GARDNER,CHAIRWOMAN ATTEST: RUDY ES BOARD OF AE EXECUTIVE SECRETARY USTMENT1AND APPEALS 2 .-:43 DATE ./1.1 /6 1 ( DATE CC:Kenton Hawkes,1707 East Weber Drive,Suite 10,Tempe,AZ 85281 Joel Stern,City Attorney George Hoffman,City manager Kathy Connelly,City Clerk Rudy Esquivias,Development Services Director City Council Members Planning and Zoning Commission Members Case File BA -2-04 ORDER -BOARD OF ADJUSTMENT AND APPEALS CASE BA -2-04 (Hawkes/Greguska) PAGE 2 OF 2