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HomeMy WebLinkAbout2006-09-11 BOA MINUTES BOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS MEETING OF SEPTEMBER 11 , 2006 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction, Arizona, was held on September 11, 2006 , at the Apache Junction City Council Chambers, 300 E . Superstition Boulevard, pursuant to the notice required by law. SYNOPSIS BA-2-06 - Appeal of Zoning Administrator' s Decision on existing structure at 2293 W. Windsong CALL TO ORDER Chairwoman Gardner called the meeting to order at 7 : 00 p.m. ROLL CALL Board Members Present : Chairwoman Mari Gardner Board Member Carol Urich Vice Chairwoman Sandra Spelman Board Member Daniel Austin Board Member Jane Jones Board Member Samuel Condon Board Members Absent : Board Member Lori D'Amico Staff Present : City Attorney Joel Stern Senior Planner/Zoning Administrator Rudy Esquivias ACCEPTANCE OF AGENDA BOARD MEMBERS JONES/AUSTIN M S "I MOVE TO ACCEPT THE AGENDA." MOTION CARRIED VOTE 6-0 PUBLIC HEARINGS BA-2-06 An appeal by Rita Ulsheimer of the Zoning Administrator' s determination that a structure built on her property, without BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 11, 2006 PAGE 1 OF 5 permits and in violation of setback requirements, must be removed irregardless of the fact that it may have been built by a previous owner. The applicant is appealing Sections 6 . 0116 and 15 . 0803 of the City of Apache Junction Zoning Ordinance and the property is located at 2293 W. Windsong Street , in Apache Junction, Arizona. Parcel number 100-32-046 . Zoning Administrator Rudy Esquivias said the applicant has received a letter asking for continuance of the case . Mrs. Ulsheimer was a survivor of 9/11 . Apparently she was in Tower 2 on that day and would be attending numerous 9/11 memorials today and generally thought the day would be too emotional for her, so she respectfully requests the Board' s continuance . If the Board wishes to grant her continuance, your next regularly scheduled meeting, that is not a holiday, is November 13 . The second Monday in October is Columbus Day. The next meeting would be November 13 , 2006 . If you desire to continue this case we ask that you please continue it to November 13 . That is a date certain and that way we do not have to re--advertise the case and that is a matter of public record that the Board has continued it to a date certain. Chairwoman Gardner said the question that came into mind was that if she knew that this was going to fall on the 11`h and she would be involved in the memorials, we were wondering why she notified the city so late . Zoning Administrator Rudy Esquivias said we scheduled it automatically without consulting her. We try to handle cases as quickly as possible . Based on her submittal date the next date we could hit and meet all of the advertisements was September 11 . I didn' t ask her if that date would be alright . It wasn' t until after she received her notice telling her the meeting was Sept . 11 that she alerted me that it was a problematic day for her . it was not her fault . BOARD MEMBER AUSTIN SPELMAN M S "I MOVE TO CONTINUE CASE BA-2-06 TO THE NOVEMBER 13 , 2006 MEETING BETWEEN THE CITY OF APACHE JUNCTION AND RITA ULSHEIMER." MOTION CARRIED VOTE 6-0 Zoning Administrator Rudy Esquivias stated that this case will be continued until November 13 , 2006 . BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 11, 2006 PAGE 2 OF 5 OLD BUSINESS Zoning Administrator Rudy Esquivias reported on update on the Shell Sign on Ironwood and Apache Trail . The current owner of the property has not responded to any of our certified letters . This has been assigned to Todd Kennedy, Assistant Planner. We are going to be sending 1 more letter and if there is no response we will have to take it on a long form complaint through code enforcement and begin court proceedings . The other issue is we need to determine definitely the status of that easement . There has been some question whether or not that easement was officially dedicated to anyone, whether it would be the county or the city. We know the right of way improvements are there . We know that when the Mega Food' s rezoning was done that was one of the issues that had been discussed with the project applicant at the time . We cannot find the proper documentation to show that that is a city or county easement . Either way the problem is more with the Ironwood easement than the Apache Trail easement . We need to create the paper trail before we can proceed. The property owners have been non- responsive to our requests . It is getting pretty complicated. Chairwoman Gardner asked if we were to take this to a court is it worth it? Wouldn ' t we put out a lot of money just to get a dumb sign removed? It has been there forever. City Attorney Joel Stern advised it would be a criminal action. It would come to my office . We would determine if there would be probable cause to bring a case forward. Then we would authorize an issuance of a long form complaint that would be filed in Municipal Court . The cost involved is my time . To bring a corporation to court is a challenge . It can be done . If it is a corporation that owns it you are fighting civil attorneys that don' t know too much criminal law. It could be a violation of the law. It is new information that Rudy gave me . I didn' t know about the easement issue . If that is not clear there is probably not a case . Chairwoman Gardner said she was more concerned that if we go after them, will it cost us more in court costs? City Attorney Joel Stern said the cost issue is never a consideration in my office . My office is bound to follow the law and prosecute the law. If they are in violation, they are in violation. It would be a court trial . Maybe they know there is an issue about the easement . Chairwoman Gardner stated a concern that they have not responded to the letters . BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 11, 2006 PAGE 3 OF 5 Zoning Administrator Rudy Esquivias said there were earlier responses between our former Planner Steve Abraham and the folks that were operating the business now, but it seems that when they became aware of what the issue was they stopped communicating. Board Member Austin commented the city attorney' s comment was that you could take somewhat of an action without much problem. It would be a matter of record. If a liability case came up in the future we would be on record as trying to resolve the issue . City Attorney Joel Stern advised if the city is aware that they are on our right-of-way there could possibly be a liability issue . We should entertain a prosecution on it if there is probable cause . That would come up in a civil case if something did occur and the question was raised as to whose property it is . If the easement is unclear and it is not our property we would say it is not our property. That could come up in a civil case . You are absolutely correct . Question was raised by Board Member as to who owned the site Shell or Texaco? Zoning Administrator Rudy Esquivias said when we brought the case to the Board of Adjustment it was under the ownership of Texaco. Regarding the Ironwood side, we recently discovered questionability on status of that easement . Shell couldn' t answer that question as to definitively or definitively not a city easement . Their ALTA survey showed that is was not within their net property line . The problem is who owns that space between their net property line and the edge of the right-of-way. Since then they have sold it to these new gentlemen and they are not responding. NEW BUSINESS None REQUEST OF STAFF None EXECUTIVE SECRETARY INFORMATION AND REPORTS Chairwoman Gardner announced the newest member of the Board Mr. Samuel Condon. Information has been received on the upcoming 2006 Boards and Commissions Conference on November 3 , 2006 . Zoning Administrator Rudy Esquivias announced if planning to attend please call Brenda Cherryholmes, Executive Secretary at Development Services or contact Rudy. Brenda will arrange for registration to the conference. The city will be picking up the cost on the conference . BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 11, 2006 PAGE 4 OF 5 SELECTION OF MEETING DATE, TIMES, LOCATIONS, AND PURPOSES BOARD MEMBERS URICH/SPELMAN M S "I MOVE THAT THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT ,AND APPEALS BE HELD AT 7 : 00 P.M. ON NOVEMBER 13, 2006, AT THE CITY HALL COMPLEX LOCATED AT 300 EAST SUPERSTITION BOULEVARD." MOTION CARRIED VOTE 6-0 Chairwoman Gardner announced there being no further business to discuss, and with no objections, this meeting is adjourned at 7 : 19 p.m. MAR I GARDNER Chairwoman 1� RUDY ES V Executiv' cre ary BOARD OF ADJUSTMENT AND APPEALS SEPTEMBER 11, 2006 PAGE 5 OF 5