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HomeMy WebLinkAbout2006-08-13 BOA MINUTES ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION, ARIZONA CASE NO. BA-2-07 DATE OF PUBLIC HEARING: August 13th, 2007 APPLICANTS: Mike and Beth Loggins PROPERTY LOCATION : The subject site is located at 1982 N. Goldfield Road, which is on the southwest corner of East Foothill Street and North Goldfield Road (a complete legal description is contained in case file BA-2-07) . TAX ASSESSOR' S PARCEL # : 100-24-024J SIZE OF SUBJECT PARCEL: 1 . 25 gross acres ZONING DISTRICT: R1-43 (Single-Family Residence) , Zoning Ordinance, Section 15. 1 . 0100 REQUEST: Applicants are requesting a variance to construct a swimming pool in the front yard of a residential property, which faces Goldfield Road. In a single-family residence zone Section 6. 0128 (1) (a) normally does not permit a swimming pool to be constructed "beyond the furthermost portion of the front fagade of the dwelling. " BOARD AUTHORIZATION: Pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Article 11 Board of Adjustment and Appeals, Section 11. 0103 Powers, Subsection (1) ; this section empowers the Board to: "Authorize variances from the strict application of the provisions of this Ordinance in cases in which the strict application of such provisions would result in the serious impairment of substantial property right, provided the ORDER - BOARD OF ADJUSTMENT AND APPEALS CASE BA-2-07 (Pool Variance for Loggins) PAGE 2 of 3 long-term interests of the community are given full consideration..." BOARD OF ADJUSTMENT ACTION: Motion and Second by Board Members Condon/Urich: "I move that Case BA-2-07, a request for a variance to the prohibition of Swimming Pools being located beyond the furthermost portion of the front fagade of the dwelling, as illustrated in Section 6. 0128, be approved with the stipulation that a pool fence be constructed completely enclosing the pool . " Findings for Approval : 1 . The characteristics of the property make it eligible for a variance because of the uniqueness of the designated and functional front yards being reversed and because of the topographic constraints. 2 . The variance has no adverse effect on the public. 3. The variance has no adverse effect on the neighborhood. MOTION PASSED, VOTE 5-0 SIGNED: M RI GARDNER, CHAIRWOMAN DATE BOARD OF ADJUSTMENT AND APPEALS ORDER - BOARD OF ADJUSTMENT AND APPEALS CASE BA-2-07 (Pool Variance for Loggins) PAGE 3 of 3 ATTEST: RUD UIV S DATE EXE VE C TARY BOARD OF DJ TMENT AND APPEALS APPROVED AS TO FORM ,q. � 30` RICHARD J. STERN, DATE CITY ATTORNEY BOARD OF ADJUSTMENT AND APPEALS CITY COUNCIL CHAMBERS MEETING OF AUGUST 13, 2007 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction, Arizona, was held on August 13 , 2007 , at the Apache Junction City Council Chambers, 300 E . Superstition Boulevard, pursuant to the notice required by law. SYNOPSIS BA-2-07 - Variance request for proposed swimming pool in front yard of a residential property was approved (vote 5-0) . CALL TO ORDER Chairwoman Gardner called the meeting to order at 7 : 04 p.m. ROLL CALL Board Members Present : Chairwoman Mari Gardner Board Member Carol Urich Board Member Jane Jones Board Member Samuel Condon New Board Member John Gordon Board Members Absent : Board Member Daniel Austin Vice Chairwoman Sandra Spelman staff Present : City Attorney Joel Stern Planning Manager Fred Baker Senior Planner Rudy Esquivias Assistant Planner Todd Kennedy Introduction of New Members Rudy Esquivias introduced Mr . John Gordon. Mr . Gordon is the newest member appointed by the City Council to the Board of Adjustment . Election of Chairman and Vice Chairman Executive Secretary Rudy Esquivias asked for nominations for Chairman of the Board of Adjustment and Appeals . BOARD OF ADJUSTMENT AND APPEALS AUGUST 13 , 2007 PAGE 1 OF 6 Board Member Jones nominated Mari Gardner and the nomination was seconded by Board Member Urich. Mr. Esquivias called twice more for nominations . Hearing none he asked for roll call vote for Mari Gardner as Chairman of the Board of Adjustment . Vote 5-0 Motion carried. Mari Gardner has been appointed Chairwoman and the nominations for Vice Chairman will now be turned over to Chairwoman Gardner. Chairwoman Gardner opened the nominations for Vice Chairman. Chairwoman Gardner nominated Sandra Spelman (absent) . Board Member Jones seconded the nomination. Chairwoman Gardner asked for additional nominations . Hearing none she asked for roll call vote for Vice Chairman. Vote 5-0 Motion carried. Sandra Spelman has been appointed as Vice Chairwoman. Board Member Urich MOVED TO ACCEPT THE AGENDA AS PRESENTED. Board Member Gordon SECONDED THE MOTION. VOTE 5-0 MOTION CARRIED Board Member Urich MOVED TO ACCEPT THE MINUTES OF MARCH 12 , 2007 MEETING. Board Member Condon SECONDED THE MOTION. VOTE 5-0 MOTION CARRIED Public Hearings Title: Case BA-2-07 Applicant: Mike and Beth Loggins Location: 1982 N. Goldfield Road Request: Variance to allow a pool to be constructed in the front yard of a residential property BOARD OF ADJUSTMENT AND APPEALS AUGUST 13 , 2007 PAGE 2 OF 6 Assistant Planner Todd Kennedy presented the staff report to the Board members . Board Member Urich asked if staff had received any comments from the surrounding neighbors . Assistant Planner Todd Kennedy said that he had received one positive comment on the proposal . Chairwoman Gardner asked Mr. Kennedy to indicate on the pictures the location of the fencing. She asked Mr. Kennedy for the height of the fences . Assistant Planner Todd Kennedy said the fence height is 4 % feet . Senior Planner Rudy Esquivias said staff checked with the Building Official . When the applicant comes in for the permit the City does have a pool enclosure requirement . The property owner would be required to provide the required enclosures . Chairwoman Gardner asked if anyone in the public wished to address the Board on this issue? Mike Loggins 1982 N. Goldfield Road, addressed the Board. We are planning to put a fence around the pool . Hopefully you will approve this request . Board Member Condon asked that during the permitting process of building your home were you ever informed that the actual rear yard is the front yard of the property? Mr. Loggins answered no sir. Board Member Condon was curious as to when Mr. Loggins received this information regarding the front yard. Mr. Loggins responded that he was informed by the building inspector on the final inspection for approval . Chairwoman Gardner said you were not aware of this issue from the beginning until everything had already been attached to the ground. Mr. Loggins said no, he was not aware . Board Member Condon said other inspections were needed and no one had brought this to your attention. BOARD OF ADJUSTMENT AND APPEALS AUGUST 13, 2007 PAGE 3 OF 6 Mr. Loggins responded that he had a general contractor handling permits and during construction the contractor lost his license and Mr. Loggins ended up finishing the job himself . The final inspection was the first time I met the building inspector and I had commented on putting a pool in and the inspector let me know it was actually my front yard where I was wanting to put the pool and I would have to talk to the city or apply for a variance . Chairwoman Gardner said if the inspector had not made that comment were you going to go ahead and put a pool in without knowing that . Mr. Loggins answered yes . Senior Planner Rudy Esquivias commented that Mr. Loggins hasn' t applied for the permit yet . But had he applied he would have found out at the time of applying for a permit about the front yard. The property is large enough. It is addressed on Goldfield. It functions as if the front were opposite the Goldfield side . Board Member Urich responded with the fact that the neighbors don' t seem to mind is impressive . Board Member Gordon commented that he looked at the property and it is the best use of putting the pool in the front yard because of the way it is laid out and with plenty of usable yard space . Chairwoman Gardner asked if there was anyone in the public wishing to speak. Hearing none, the public portion is closed and hearing no further discussions from the Board members, a motion will be entertained. Board Member Condon MOVED THAT CASE BA-2-07, A REQUEST FOR A VARIANCE TO THE PROHIBITION OF SWIMMING POOLS BEING LOCATED BEYOND THE FURTHERMOST PORTION OF THE FRONT FACADE OF THE DWELLING, AS ILLUSTRATED IN SECTION 6 . 0128 , BE APPROVED WITH THE STIPULATION THAT A POOL FENCE BE CONSTRUCTED COMPLETELY ENCLOSING THE POOL. THE BOARD BASED ITS DECISION ON THE FOLLOWING FINDINGS: 1) THE CHARACTERISTICS OF THE PROPERTY MAKE IT ELIGIBLE FOR A VARIANCE BECAUSE OF THE UNIQUENESS OF THE DESIGNATED AND FUNCTIONAL FRONT YARDS BEING REVERSED AND BECAUSE OF TOPOGRAPHIC CONSTRAINTS . 2) THE VARIANCE HAS NO ADVERSE EFFECT ON THE PUBLIC. BOARD OF ADJUSTMENT AND APPEALS AUGUST 13 , 2007 PAGE 4 OF 6 3) THE VARIANCE HAS NO ADVERSE EFFECT ON THE NEIGHBORHOOD. Board Member Urich SECONDED THE MOTION. VOTE 5-0 MOTION CARRIED OLD BUSINESS Chairwoman Gardner would like a status report on the fencing to be installed at the Latter Day Saints Church and also an update on the Shell Sign on Ironwood and Apache Trail . Senior Planner Rudy Esquivias said we have sent correspondence to the new owners regarding the sign issue and it seems the owners are ignoring the correspondence from the City. City Attorney Joel Stern advised that this is a procedural issue . Typically, if something is not listed on the agenda you cannot talk about it . If you have something for new business, old business or request of staff, you should contact Mr. Baker or Mr. Esquivias and ask for the item to be placed on the agenda. In the future that is probably how it should be done . NEW BUSINESS None REQUEST OF STAFF None INFORMATION AND REPORTS Senior Planner Rudy Esquivias announced information regarding the upcoming Boards and Commissions Conference in Phoenix on December 7 . Contact staff if you would like to attend and arrangements will be made for you. SELECTION OF MEETING DATE, TIMES, LOCATIONS, AND PURPOSES Board Member Jones MOVED THAT THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS BE HELD AT 7 : 00 P.M. ON SEPTEMBER 10, 2007, IN THE CITY COUNCIL CHAMBERS LOCATED AT 300 EAST SUPERSTITION BOULEVARD. Board Member Gordon SECONDED THE MOTION. VOTE 5-0 MOTION CARRIED Chairwoman Gardner announced there being no further business to BOARD OF ADJUSTMENT AND APPEALS AUGUST 13 , 2007 PAGE 5 OF 6 discuss, and with no objections, this meeting is adjourned at 7 : 32 p.m. op GARDNER Cha woman RUDY SQ VIA Exec tive Secr tary BOARD OF ADJUSTMENT AND APPEALS AUGUST 13 , 2007 PAGE 6 OF 6