The URL can be used to link to this page

Home My WebLink About2008-06-09 BOA MINUTES ORDER BOARD OF ADJUSTMENT AND APPEALS CITY OF APACHE JUNCTION, ARIZONA CASE NO. BA 2-08 DATE OF PUBLIC HEARING: June 9, 2008 APPLICANTS: Right Away Disposal LLC, represented by Jenifer Corey, Land Use Planner at Kay Bigelow/Gammage and Burnham. PROPERTY LOCATION: The subject site is at the SW NE SW NW of Section 27, 1N, 8E Except W.33 FT. Address for location is 1353 S. Vista Rd. Apache Junction AZ. 85219. TAX ASSESSOR'S PARCEL #: 103 19 023A SIZE OF SUBJECT PARCEL: 2.25 ACRES ZONING DISTRICT: C-3 (General Con;mercial District), Zonin Ordinance, Section 16.0500 REQUEST: The applicants are requesting approval of a 9- month Temporary Use Permit for the storage of heavy trash trucks/containers, and an onsite modular office for the purpose of running a waste disposal business. BOARD AUTHORIZATION: Pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, ZoninV,Ordinance, Article 11, Section 11.0103 Powers, Subsection (h) this empowers the Board to: "Authorize the temporary use of a building or premises in any zone for a purpose or use that does not conform to the regulations of this Ordinance, provided that such use can be of a true temporary nature and does not involve the erection of substantial buildings..." ORDER - BOARD OF ADJUSTMENT AND APPEALS CASE BA-2-08 RIGHT AWAY DISPOSAL PAGE 2 of 3 BOARD OF ADJUSTMENT ACTION: Motion and Second by Board Members Urich Condon: "I move that Case BA-2-08, a request by Right Away Disposal LLC, represented by Jenifer Corey of Kay Bigelow/Gammage and Burnham for a 9-month Temporary Use Permit to allow the storage of heavy trash trucks/containers and a modular office for the purpose of running a waste disposal business, on a 2.25 acre lot, located at 1353 S. Vista Rd, Apache Junction, Arizona, 85219, be approved. The Conditions of Approval for the Temporary Use Permit are: 1. The Temporary Use Permit is issued for a nine (9) month period, beginning on June 9, 2008 and ending March 9, 2009. 2. The Temporary Use Permit is nonrenewable. 3. The applicants comply with any applicable building codes. 4. The existing uses on the site shall not be increased and no additional uses shall be allowed under this Temporary Use Permit. 5. The applicant shall submit a complete rezoning application no later than July 9, 2008. 6. That applicant shall receive City Council approval of a Planned Development Rezoning for this property prior to the expiration of this Temporary Use Permit. 7. The Temporary Use Permit is revocable upon non- compliance of any regulations governing the public health, safety, convenience and general welfare. 8. The applicant shall maintain the site in a dust-free condition and no waste will be deposited or held on the site. 9. The applicants shall cooperate fully and submit to an audit, if necessary, of all activities conducted on the property for privilege tax purposes, and shall pay all identified privilege taxes retroactively frorn the time business activities commenced on such property, such payment being due within 30 calendar days after the Tax and Licensing Division determines the payment that is due and payable, plus any applicable interest and penalties. 10.The applicant shall obtain a privilege license on or before June 13, 2008 for the business activities conducted on the property and shall pay all privilege taxes when due. 11.The applicant shall also pay all privilege tax license renewals when due; shall report any change in information related to the business within 5 business days following such changes; and shall continue to report all privilege taxes. ORDER BOARD OF ADJUSTMENT AND APPEALS CASE BA 2-08 RIGHT AWAY DISPOSAL PAGE 3 of 3 he Board Finds That: 1) The applicants have demonstrated that this will be a true temporary use, not involving substantial buildings or improvements. 2) The temporary use will not be detrimental to the health, safety and welfare of persons residing or working in the neighborhood, which is generally developed with uses of similar intensity & uses not incompatible to the temporary use. 3) The applicants shall make application for their permanent facility in a timely manner, which w'll provide for further review and public input." MOTION PASSED, VOTE 4-0. (Absent-Board Member Spelman and 2 Vacancies) SIGNED: AN ES-DENNEY DATE CHAIR OM ATTEST: 6- D BAKER, P LA—Na MANAGER/EXECUTIVE SECRETARY DATE BOARD OF ADJUSTMENT AND APPEALS APPROVED AS TO FORM: 6_to_pg RICHARD JOEL STERN DATE CITY ATTORNEY BOARD OF ADJUSTMENT AND APPEALS REGULAR MEETING 300 E. SUPERSTITION BOULEVARD MEETING OF June 9, 2008 A Regular Meeting of the Board of Adjustment and Appeals of the City of Apache Junction, Arizona, was held on June 9 , 2008, in the City Council Chambers located at 300 E. Superstition Boulevard, pursuant to the notice required by law. CALL TO ORDER Chairwoman Jones-Denney called the meeting to order at 7 : 02 p.m. ROLL CALL Board Members Present : Chairwoman Jane Jones Denney Board Member Carol Urich Board Member Samuel Condon Board Member John Gordon Board Members Absent : Board Member Sandra Spelman Staff Present : City Attorney Joel Stern Planning Manager Fred Baker Assistant Planning Yanet Ochoa Chairwoman Jones-Denney called for a motion on the Consent Agenda . CONSENT AGENDA A MOTION WAS MADE TO ACCEPT THE AGENDA. MOTION: Gordon SECONDED: Urich AYES: Jones Denney, Urich, Gordon, Condon NOES: None ABSTAIN: None ABSENT: Spelman BOARD OF ADJUSTMENT AND APPEALS JUNE 9, 2008 PAGE 1 OF 4 PUBLIC HEARINGS Title: BA-2-08 Temporary Use Permit Applicant: Jeremy Takas of Right Away Disposal represented by Jenifer Corey of Gammage & Burnham Location: 1353 S . Vista Road Request: Allow a modular office for a waste disposal business with employee and trash truck parking and container storage . Staff: Yanet Ochoa, Assistant Planner Assistant Planner Yanet Ochoa presented her staff report to the Board members . Board Member Urich asked if they had a business license . Kay Bieglow, representing the applicant , said that they didn ' t do the right thing at the right time and they are in need of a business license and permits . He is working with the City to do things the right way. Board Member Gordon asked if they would be paving the road to Old West Highway. Kay Bieglow said yes, that is part of the street improvements . Chairwoman Jones-Denney announced that a motion would be entertained. Motion on Case BA-2-08 A motion was made for a Temporary Use Permit request by Right Away Disposal LLC, represented by Jenifer Corey of Kay Bigelow/Gammage and Burnham for a 9 month period to allow the storage of heavy trash trucks/containers and a modular office for the purpose of running a waste disposal business, on a 2 .25 acre lot, located at 1353 S. Vista Road, Apache Junction be approved subject to the following Conditions of Approval : The Temporary Use Permit is issued for a nine (9) month period, beginning on June 9, 2008 and ending March 9, 2009 . The Temporary Use Permit is nonrenewable. The applicants comply with any applicable building codes . BOARD OF ADJUSTMENT AND APPEALS JUNE 9, 2008 PAGE 2 OF 4 The existing uses on the site shall not be increased and no additional uses shall be allowed under this Temporary Use Permit . The applicant shall submit a complete rezoning application no later than July 9 , 2008 . That applicant shall receive City Council approval for a Planned Development Rezoning for this property prior to the expiration of this Temporary Use Permit . The Temporary Use Permit is revocable upon non.-compliance of any regulations governing the public health, safety, convenience, and general welfare. The applicant shall maintain the site in a dust-free condition and no waste will be deposited or held on the site . T:ie applicants shall cooperate fully and submit to an audit, if necessary, of all activities conducted on the property for privilege tax purposes, and shall pay all identified privilege taxes retroactively from the time business activities commenced on such property, such payment being due within 30 calendar days after the Tax and Licensing Division determines the payment that is due and payable, plus any applicable interest and penalties . The applicant shall obtain a privilege license on or before June 13, 2008 for the business activities conducted on the property and shall pay all privilege taxes when due . The applicant shall also pay all privilege tax license renewals when due; shall report any change in information related to the business within 5 business days following such changes; and shall continue to report all privilege taxes . MOTION: Urich SECONDED : Condon AYES : Jones-Denney, Urich, Gordon, Cond,-,n NOES : None ABSTAIN: None ABSENT: Spelman BOARD OF ADJUSTMENT AND APPEALS JUNE 9, 2008 PAGE 3 OF 4 OLD BUSINESS Nothing to report NEW BUSINESS Nothing to report REQUEST OF STAFF No requests INFORMATION AND REPORTS None SELECTION OF MEETING DATE, TIMES, LOCATIONS, AND PURPOSES A MOTION WAS MADE THAT THE REGULAR MEETING OF THE BOARD OF ADJUSTMENT AND APPEALS BE HELD AT 7 : 00 P.M. ON JULY 14 , 2008, IN THE CITY COUNCIL CHAMBERS LOCATED AT 300 E . SUPERSTITION BOULEVARD. MOTION: Gordon SECONDED: Urich AYES: Jones-Denney, Urich, Gordon, Condon NOES: None ABSTAIN: None ABSENT: Spelman Chairwoman Jones-Denney adjourned the meeting at 7 : 21 p.m. E NES-DENNEY hai oman FRED BAKER, X P Executive Secretary/Planning Manager BOARD OF ADJUSTMENT AND APPEALS JUNE 9, 2008 PAGE 4 OF 4