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HomeMy WebLinkAbout2008-02-11 BOA MINUTES BOARD OF ADJUSTMENT AND APPEALS 300 E. SUPERSTITION BOULEVARD MEETING OF FEBRUARY 11 , 2008 The regular meeting of the Board of Adjustment and Appeals of the City of Apache Junction, Arizona, ,was held on February 11, 2008 , in the City Council Chambers located at 300 E. Superstition Boulevard, pursuant to the notice required by law. 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 Sandra Spelman Board Member Carol Urich Board Member Jane Jones Board Member Samuel Condon Board Member John Gordon Board Members Absent : Board Member Daniel Austin Staff Present : Planning Manager Fred Baker Senior Planner Rudy Esquivias Board Member Urich MOVED TO ACCEPT THE AGENDA AND THE MINUTES OF JANUARY 14 , 2008 AS PRESENTED. SECONDED: Spelman AYES : Urich, Gardner, Jones, Gordon, Condon NOES : None ABSTAIN: None ABSENT: Austin PUBLIC HEARINGS Nothing to report OLD BUSINESS Nothing to report BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 11, 2008 PAGE 1 OF 7 NEW BUSINESS Nothing to report REQUEST OF STAFF Board Member Urich requested staff to give a status report on all previous items voted on in 2006 and 2007 . Rudy Esquivias reported on the following cases : BA-1-06 - An appeal of the zoning Administrator' s decision by Tom and Mary Williams to operate a beauty salon at 1070 S. Wickiup Road. The Board denied the appeal . As of this date there is no indication at the property site that the beauty salon is in operation. BA-2-06 - A variance request by Rita Ulsheimer to be allowed to keep a free-standing carport which does not meet zoning setback requirements and constructed without a building permit . The Board procedurally denied the applicant ' s request by a vote of 2 to 2 . The time to take Code Enforcement action against the awning elapsed and the applicant was recently sent a new notice of violation, to which the applicant is again requesting an appeal . The applicant to this date has not submitted her application. Board Member Urich was curious as to why Code Compliance didn' t follow up on case BA-2-06 and was there any interference from City Council? Planning Manager Fred Baker answered that the Development Services Director allowed the enforcement to lapse due to among other things discussion and some desire to change the City Code . One option that is still being looked at is allowing the Director certain administrative discretions . Those changes have not been made to date . Time has elapsed for code enforcement and we have reinitiated the code enforcement of this property. Board Member Urich asked if there was any City Council interference . Planning Manager Fred Baker said he was not aware of that . Board Member Urich said she had heard that there was . BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 11 , 2008 PAGE 2 OF 7 Board Member Jones asked if the applicant doesn' t comply within a week what actions will take place . Senior Planner Rudy Esquivias said the code compliance action will proceed through the normal steps . A letter is sent to the applicant to comply within 14 days . If no action is taken by the applicant another letter is sent to respond within 7 days . If there is no action within that time frame the case is sent on to the City Prosecutor to decide whether or not to take it forward through the judicial process . The applicant would need to explain to the judge why they have not complied. The judge can order the applicant to remove it and if the applicant doesn' t comply they could face civil penalties including fines and jail time . Chairwoman Gardner reiterated wasn' t that the same procedure that should have taken place the first time . Senior Planner Rudy Esquivias replied yes . Board Member Urich remarked you said she was given a deadline . Why was it extended? Was there City Council interference also? Senior Planner Rudy Esquivias said yes she was given a deadline . He listened to a message from the Director where he had heard through the City Manager that she was trying to get her application together and that she should be given a few more days . He did not state a date specific . Planning Manager Fred Baker said her second request for a variance, when it came in, was not a complete application. We took 5 days to respond to that and in consideration of the short time frame the Director informed me he is allowing a couple more days to complete the application . In addition, by starting this process over it has been our attorney' s opinion that we want to give this case and every case the full ability to exercise appeal rights . We want to go above and beyond what the code strictly requires for submittal of applications and enforcement actions . We have done our best to allow her to respond. Board Member Urich commented, bend over backwards . Chairwoman Gardner asked if this same procedure was followed at the beginning. Were any of the steps done? Was any of that ever done? Planning Manager Fred Baker said it was our department that let BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 11 , 2008 PAGE 3 OF 7 the enforcement action lapse . The basic direction is that we need to start the process over from the beginning . The City Attorney is absent tonight . Case BA-3-06 and BA-4-06 - BA-3-06 was challenging the Zoning Administrator' s decision that did not allow the Church of Jesus Christ of Latter Day Saint ' s to put up an 8 foot fence on their west property line . Their concern was the inconsistencies in the code and how it is applied. BA-4 -06 was a request for a variance if BA-3-06 was denied. Board of Adjustment denied BA 3-06 and the request for a variance (BA-4-06) was unanimously approved with conditions . A recent site visit revealed that the church has constructed an 8 foot fence along the western boundary. They did not get a permit for it and they have not constructed the fence on the north side facing 16`h Avenue . This matter has been referred to the Code Compliance Division. Code will begin action on that property. Chairwoman Gardner inquired as to the cost . Senior Planner Rudy Esquivias replied it depends on the value of the work . He couldn ' t answer that question. Vice Chairwoman Spelman asked how much time do they get? Senior Planner Rudy Esquivias said it will be a standard code enforcement letter giving them 14 or 20 days to respond . Board Member Jones asked if they would be penalized or fined in any way for constructing the fence, knowing that they needed to have a permit . Senior Planner Rudy Esquivias said the building official does have the discretion on charging double permit fees when something is constructed without a permit . At the very least that west fence may be charged double fees . We would need to see that it is constructed properly. Board Member Jones asked when it would be done . Senior Planner Rudy Esquivias said the matter has been referred to Code Enforcement and they should be sending a letter out within the week . He checked with the Building Permit section and no permit was on file for the fence . BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 11 , 2008 PAGE 4 OF 6 Case BA-1-07 and BA-3-07 is basically the same request . Every year individuals from Superstition Mountain LLC request a Temporary Use Permit for their use of a parking lot for the LPGA tournament , subject to conditions put on the use . It seems to be a very professionally run event with no complaints . They have been fulfilling all conditions . Case BA-3 -07 is for the 2008 LPGA tournament . Planning Manager Fred Baker informed the Board members that the Director of Development Services welcomes any phone calls on the status of these items . BA-2-07 - A request by Mike and Beth Loggins for a variance to allow a swimming pool technically in the front yard of the applicant ' s property. The back of their house faces the east and the front faces the west, but the address is on the east side . The Board approved the request with a condition that the pool be enclosed by a fence . The site was visited and as of this date the swimming pool has not been constructed nor has a permit been issued to construct . Chairwoman Gardner inquired about the status of the Shell sign on Ironwood and Apache Trail . Senior Planner Rudy Esquivias said that was actually a 2005 case . There is very slow progress on this . The property has changed hands several times . It is a matter of following up. They have basically ignored us . I did correspond with the City Attorney involving alternative ways to deal with structures in the rights- of-way within the City. It is part of a much bigger problem. Shell Oil has not worked with us at all . Planning Manager Fred Baker said a letter was drafted. They did contact our office regarding the letter they received and what it meant and how could they fix the situation . They were to contact the Shell Corporate Office . Board Member Urich was curious if they were selling it back and forth to the same people . Senior Planner Rudy Esquivias said no . Since the original applicant there have been 3 other groups of owners . Chairwoman Gardner said we opened up a can of worms . There are other businesses in the City that have their business or sign or BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 11 , 2008 PAGE 5 OF 6 parking in the right-of-way. Is there a clear way of working with these people? Do they have any grandfather rights? Senior Planner Rudy Esquivias said there are no grandfather rights allowed in the rights-of-way. Planning Manager Fred Baker informed members that the City has created a Business Advocate position that deals with difficult issues . Vice Chairwoman Spelman asked if it is too early to elect a new Chair person? Senior Planner Rudy Esquivias advised it needs to be put on as an agenda item. Chairwoman Gardner requested that the election of new Chairman and Vice Chairman be put on the agenda for the next Board of Adjustment meeting. INFORMATION AND REPORTS Nothing to report SELECTION OF MEETING DATE, TIMES, LOCATIONS, AND PURPOSES Board Member Spelman MOVED THAT THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS BE HELD AT 7 : 00 P.M. ON MARCH 10 , 2008, IN THE CITY COUNCIL CHAMBERS LOCATED AT 300 EAST SUPERSTITION BOULEVARD. SECONDED: Jones AYES : Jones, Urich, Gardner, Spelman, Gordon, Condon NOES : None ABSTAIN: None ABSENT: Austin Chairwoman Gardner adjourned the meeting at 7 : 41 p. m. AA CI GARDNER Chairwoman c �$ BAKER, P Planning Manager BOARD OF ADJUSTMENT AND APPEALS FEBRUARY 11, 2008 PAGE 6 OF 6