HomeMy WebLinkAbout2004-09-13 BOA MINUTESORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION,ARIZONA
CASE NO.BA -3-04
DATE OF PUBLIC HEARING:September 13,2004
APPLICANTS:Leo and Susan Fortini
PROPERTY LOCATION:541 North Starr Road
TAX ASSESSOR'S PARCEL #:Map 103-02-021D
SIZE OF SUBJECT PARCEL:.625 acres
ZONING DISTRICT:GR (General Rural),Zoning Ordinance,
Section 15.0100
REQUEST:
BOARD AUTHORIZATION:
The Lapplicants are requesting: that the
Board grant 8 variance to Section:
15:0103:lot size minimum requirement of
1.25 acres for GRIonecfproperties to•
allow for the -replacement of a
manufactured home on a .625:acre -GR
parcel.. Additionally,staff is
requesting:BoardHrecognition ofHMarch 7,
1985,as the qualification date for the
lot size minimuivrequirement for Section
15:01(13:
Pursuant: to the Apache junction City
Code,Volume II,land Development Code;
Chapter 1,Zoning Ordinance,.
Section 11:0103Towers,'Subsection (4,G:
and1),which empowers the Board to:
ORDER - BOARD OF ADJUSTMENT AND APPEALS
CASE BA -3-04 (Leo -.84 Susan Foftini)
PAGE 1.OF,3
A:"Interpret the .Zoning Ordinance when
the meaning of any word or phrase of a
Section is in doubt".
G:"Permit_Modification of the
requirements of this ordinance...to secure
an appropriate development of a building
site".
L:"Authorize variances for the strict
application of the provisions of this
ordinance in cases in which strict
application of such provisions would
result in the serious impairment of
substantial property right".
Board of Adjustment Action:Motion and Second by Board Member Urich
and Board Member Selman:
"I move that case BA -3-04,a request by
Leo and Susan Fortini,pursuant to Section 11.0103(a).(g),and (1),a
variance to Section 15.0103,for the subject parcel (APN#:103-02-021D)
be APPROVED."
The Conditions of Approval are:
1.There are "special circumstances...do not apply generally to other
land."In this case the special circumstances are the extensive
age of this substandard lot and its utilization as a homesite for
the past 30 years.
2.That the "granting of the application is necessary for the
preservation and enjoyment of substantial property rights."
Without this approval,the property cannot be developed with any
residential structures.
3:"Interpreting .and applying the provisions...shall be held to the
minimum requirements adopted for,safety_health_welfare."The lot
size minimum requirements are present for the establishment of a
"large -lot,rural lifestyle",not specifically for .health,safety,
ORDER -BOARD OF ADJUSTMENT AND APPEALS
CASE BA -3-04 (Leo & Susan Fortini)
PAGE 2 OF 3
or welfare,
and that the Board recognize the March 7,1985 date as the
qualification date for the lot size minimum requirement for
Section 15.0103.
Findings for Decision:
1)This interpretation resolves a conflict between Section
15.0103 and Section 6.0108 of the Apache Junction Zoning
Ordinance.
2)This interpretation establishes consistent application of
recognition of non -conforming status across the various
districts.
MOTION PASSED,VOTE 5-0.
SIGNED:
0,ati)
MARI GARDNER,CHAIRWOMAN
BOARD OF ADJUSTMENT AND APPEALS
ATTEST:
k A
RUDY r4o1A
BOARD CPADdATMENT AND APPEALS
2-1.5-0 5
DATE
CUTIVE SECRETARY DATE
cc:Leo & Susan Fortini (Applicant)
Joel Stern.City Attorney
George Hoffman.City Manager
Kathy Connelly.City Clerk
City Council members
Planning and Zoning Commission Members
Rudy Esquivias.Development Services Director
Planning Division Staff
Case File BA -3-04
ORDER-BOARD OF ADJUSTMENT AND APPEALS
CASE BA -3-04 (Leo & Susan Fortini)
PAGE 3 OF 3
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