HomeMy WebLinkAbout2017-09-11 BOA MINUTES City of Apache Junction, Arizona Meeting Location:
City Council Chambers
Meeting Minutes at City Hall
300 E Superstition Blvd
Board of Adjustment Apache Junction,AZ 85119
www.ajcity.net
Ph:(480)982-8002
Monday, September 11,2017 7:00 PM City Council Chambers
NOTICE OF PUBLIC MEETING AND EXECUTIVE SESSION AND AGENDAS OF THE
BOARD OF ADJUSTMENT MEETING OF THE CITY OF APACHE JUNCTION, ARIZONA
1. CALL TO ORDER
Vice Chair Schoenbeck called the meeting to order at 7:00pm.
2. PLEDGE OF ALLEGIANCE
Vice Chair Schoenbeck led the Pledge of Alligiance.
3. ROLL CALL
Present 4- Board Member Booth
Board Member Gage
Board Member Weeter
Vice Chair Schoenbeck
Excused 2- Chairperson Jones
Board Member Burgess
4. ACCEPTANCE OF AGENDA
17-370 Consideration of approval of agenda.
approved
Yes: 4- Board Member Booth, Board Member Gage, Board Member Weeter and Vice
Chair Schoenbeck
No: 0
Excused: 2- Chairperson Jones and Board Member Burgess
Board Member Gage motioned that the Board of Adjustment accept the Consent Agenda as
presented and approve the meeting minutes from the June 13, 2016 Regular Meeting. Board
Member Booth seconded the motion.The Board of Adjustments approved the motion with a 4.0
vote.
5. ACCEPTANCE OF MINUTES
17 366 Consideration of approval of meeting minutes of June 13, 2016.
Attachments: BofA meeting minutes 06132016
approved
City of Apache Junction,Arizona Page 9
Board of Adjustment Meeting Minutes September 11, 2017
Yes: 4- Board Member Booth, Board Member Gage, Board Member Weeter and Vice
Chair Schoenbeck
No: 0
Excused: 2- Chairperson Jones and Board Member Burgess
Board Member Gage motioned that the Board of Adjustment accept the Consent Agenda as
presented and approve the meeting minutes from the June 13,2016 Regular Meeting.Board
Member Booth seconded the motion. The Board of Adjustment approved the motion with a 4-0
vote.
6. MOTION FOR EXECUTIVE SESSION IN THE DEVELOPMENT SERVICES
CONFERENCE ROOM.
Vice Chair Schoenbeck convened the Board of Adjustment to an Executive Session in the
Development Services Department Conference Room for the purpose of discussion/consultation
with the city attorney for the purposes of legal advice regarding BA-1.17 and BA-2-17 in
accordance with A.R.S.§38-431.03(A)(3)and as further outlined in this agenda.
Vice Chair Schoenbeck reconvened the meeting at 7:18pm.
7. PUBLIC HEARINGS
17-376 Presentation, discussion, public hearing and possible action on case
BA-1-17. a request by Richard and Beverly Spurgeon for a variance to
the side yard setback requirements, as part of a proposal to also
redesignate the front yard and re-address the property from S. Hopi
Road to E. 4th Avenue. The property is currently addressed as 336 S.
Hopi Road (Parcel No. 101-22-0460).
Attachments: BA-1-17 rep w attach
approved
Yes: 4- Board Member Booth, Board Member Gage, Board Member Weeter and Vice
Chair Schoenbeck
No: 0
Excused: 2- Chairperson Jones and Board Member Burgess
Senior Planner Esquivias gave a presentation on case BA-1-17,a request by Richard and Beverly
Spurgeon for a variance to the side yard setback requirements,as part of a proposal to also
redesignate the front yard and re-address the property from S. Hopi Road to E.4th Avenue.The
property is currently addressed as 336 S. Hopi Road (Parcel No. 101-22.0460).
Having no questions from the board,Vice Chair Schoenbeck invited the applicants to address the
board.
Richard Spurgeon, 336 S. Hopi Road,addressed the board. Mr.Spurgeon added that sometimes
he doesn't receive his mail because the post office returns it to the sender.
Vice Chair Schoenbeck invited David Johnson to address the board. David Johnson,467 S. Royal
Palm,addressed the board. He thought the case involved developing the wash. He now
understands and agrees with the applicant's request.
City or Apache Junction,Arizona Page 2
Board of Adjustment Meeting Minutes September 11, 2017
Vice Chair Schoenbeck closed the public hearing as no one else wished to address the board.
Having no opinions from the board,Vice Chair Schoenbeck asked for a motion.
Board Member Gage made a motion that case BA-1-17, a request by Richard and Beverly
Spurgeon for the Board of Adjustment and Appeals to grant a variance pursuant to the City of
Apache Junction Zoning Ordinance Section 1-16-4, requesting to encroach 5 feet into a required
10-foot side yard setback for a detached garage,which will result with a future address change
for the property currently addressed as 336 S. Hopi Road(Parcel##101-22-046), be APPROVED,
subject to the following conditions: 1)That all future construction on the property continue to be
properly permitted and be in compliance with normal setback regulations and flood zone
requirements,and 2)That the property owners work with Public Works personnel and their
immediate neighbors to the east to explore the possible relinquishments their mutual frontages
on S.Hopi Road. Findings of Facts are 1.There are special circumstances or conditions
applicable to the property referred to in this application which do not prevail on other property in
that zone or immediate area. Those special circumstances or conditions include:a)The property
is encumbered by a natural wash which makes it difficult to find and access; and b)The home is
the only residence served by a road which is not maintained by the city, nor marked, making it
difficult to find,especially by emergency personnel. 2.The strict application of the regulations
would work an unnecessary hardship and the granting of the application is necessary for the
preservation and enjoyment of substantial existing property rights, because: a)The applicants are
requesting a reasonable variance which affects only one side of a properly permitted building;
and b) Property owners have a reasonable expectation that emergency providers can find them
in time of need. Board Member Booth seconded the motion.All in favor.
17-375 Presentation, discussion, public hearing and possible action on case
BA-2-17, a request by David Dixon, for a variance to deviate from the
General Rural Low Density Single-Family Residential (RS-GR) Zoning
District's main structure side setback. Specifically, the applicant
requests to change the main structure side setback from 20 feet to 10
feet at 611 S. Vista Road.
Attachments: BA-2-17 Dixon BofA Staff Report
BA-2-17 BofA PH meeting 9 11 1 i
denied
Yes: 4- Board Member Booth, Board Member Gage. Board Member Weeter and Vice
Chair Schoenbeck
No: 0
Excused: 2- Chairperson Jones and Board Member Burgess
Assistant Planner Bubenheim gave a presentation on case BA-2.17,a request by David Dixon,for
a variance to deviate from the General Rural Low Density Single-Family Residential(RS-GR)
Zoning District's main structure side setback. Specifically,the applicant requests to change the
main structure side setback from 20 feet to 10 feet at 611 S.Vista Road.
City Attorney Stern asked Assistant Planner Bubenheim to review the general law and use Senior
Planner Esquivias' items so they become part of the official record.
Assistant Planner Bubenheim read the requested information.
Vice Chair Schoenbeck asked the board member's if there are any questions for Assistant Planner
Bubenheim.
City of Apache Junction,Arizona Page 3
Board of Adjustment Meeting Minutes September 11, 2017
Board Member Gage asked for more explanation of the federally patented easements and why
Centurylink has a private easement. Assistant Planner Bubenheim explained that federal
patented easements were issued by the government so they are public easements. Any utilities
can put their services through the easement. All of the utilities relinquished their rights to put
anything through the easement. The easement is essentially gone. Centurylink wanted an
eight-foot easement so it is now a private utility easement just for them. She added that it doesn't
affect the setbacks.
Having no further questions,Vice Chair Schoenbeck invited the applicant to address the board.
David Dixon, 611 S.Vista Road,addressed the board. He explained the house is where it is now
but the trailer was a mobile home,not a manufactured home and was placed there in 1964 and
grandfathered in because it was put only 10 feet off of the line, not 20 like she stated. He also
said the foundation was put in between 1964 and 1967. He said the county inspector came up
three different times and measured the actual outside wall dimension and agreed with it. He
says it has been there since 1967 in the shape and position it is now. Vice Chair Schoenbeck
asked if it was the foundation only. Mr. Dixon replied yes, he didn't add foundation,just put a
roof over it. He added he put new wall board and just put a roof over the top of it. He said he
removed the trailer and as a result there was a big hole through the wall and he put up a few
pieces off old plywood so people couldn't walk through it. He said everything is grandfathered in
where it is right now.
Director Kirch showed the drawing that was submitted to get a building permit for a building in
2001 and asked the applicant if he is saying the drawing is incorrect. Mr. Dixon replied that he
doesn't know who drew that. Director Kirch asked the applicant if he was the owner in 2001 and
if he applied for a permit for the accessory structure. Mr. Dixon replied that he did not own it in
2001. It was his mother's. Director Kirch asked if his mother applied for the permit for the
accessory structure. Mr. Dixon replied she must have applied for a permit for the garage
building.
Director Kirch explained to the board that staff is relying on the drawing that was submitted in
2001 that depicted that the existing mobile home was setback 20 feet. He explained that he feels
Mr. Dixon is saying the building is at 10 feet, not 20 feet.
Vice Chair Schoenbeck said that if the mobile home was set back at 10 feet and then you built
outside of it to build on. The applicant said his mother and father built the foundations to the east
and west and had nothing to do with the mobile home.
Board Member Booth asked the applicant about the electrical panel. Mr. Dixon said the electrical
just stopped working. He called SRP and was told his service is undersized and suggested he
request upgraded service be brought to the property and go underground instead of overhead.
Board Member Booth asked him how the electrical became undersized. Mr. Dixon replied that in
the past his parents ran undersized wire but was required at the time. He added that now since
there is a roof over it, it is now considered a house and therefore the size of the electrical is
undersized. Mr. Dixon added that the inspector told him now it's a house and requires larger
service. Board Member Booth asked if that was the time it was deemed a house instead of a
mobile home. Mr. Dixon replied that it isn't really a home at this point,just walls. The entire
interior is gutted because there is no mobile home in it. Board Member Booth asked if Mr. Dixon
had any proof of where the original foundation was located. Mr. Dixon replied that it was his
mother and the garage isn't as close as the drawing suggests. Board Member Booth asked
Mr.Dixon if he had his electrical fixed.Mr. Dixon replied no. Board Member Booth asked why the
applicant didn't get a building permit when he started working on the foundation. Mr. Dixon
replied that his mother called and asked if she needed a permit to reroof her mobile home. She
was told she didn't need one. Mr. Dixon replied that since she didn't need one,he felt he didn't
City or Apache Junction,Arizona Page 4
Board of Adjustment Meeting Minutes September 11, 2017
need one also. Board Member Booth replied that it's a long way from reroofing a mobile home
than building a house around it.Mr. Dixon replied that it had the existing walls that his father
built.
Director Kirch,while looking at the drawing,asked Mr. Dixon about where the roof was built and
if the corner says patio cover and where the corner of the mobile home is located.Mr. Dixon
replied that the corner of the patio cover was 10 feet away,not the corner of the mobile home.
Mr. Dixon added that the mobile home was 12 feet off.
Mr. Kirch addressed the commission regarding the lack of a survey on the property and how
difficult it is to determine the actual placement of structures.
Vice Chair Schoenbeck asked Mr. Dixon what the square footage is of the current roof. Mr. Dixon
replied between 1800 and 1900 square feet.
Vice Chair Schoenbeck asked if the board had any other questions.
Vice Chair Schoenbeck invited Mr. Ed Lucero, 10579 E. Bluebird, Gold Canyon,a registered
architect with the State of Arizona to address the board regarding Mr. Dixon's application. Mr.
Lucero presented the board with pictures of Mr. Dixon's house and roof construction.
Vice Chair Schoenbeck closed the public hearing portion of the item.
Vice Chair Schoenbeck asked the board for comments.
Board Member Gage asked to review the time frame of this application. Assistant Planner
Bubenheim replied that Pinal County Assessor's information shows the mobile home was placed
there in 1964. She added that at that time the area was Pinal County. The City of Apache
Junction was incorporated in 1979 and the first zoning ordinance was passed in 1985. Board
Member Gage asked about the drawing from 2004. Assistant Planner Bubenheim replied that
there are Google Earth images that go back a couple of years adding that the best one she could
get for showing the previous manufactured home without being too blurry was 2004. Board
Member Gage confirmed the date of the current picture was from 2017. City Attorney Stern
corrected the incorporation date of the city as 1978.
Vice Chair Schoenbeck ask for comments from the board. Board Member Gage replied that he
feels its more than just a roof on a mobile home and even though it's very well built it still should
have been permitted and treated like a normal property.
Board Member Booth said this is against part of their charges as the Board of Adjustment and that
we can't get into granting a variance when there is a self-imposed issue and feels the applicant
should have applied for a building permit long before going this far.
Board Member Gage also agreed.
Board Member Gage motioned that case BA-2-17,a request by David Dixon for the Board of
Adjustment and Appeals to grant a variance of Section 1-5-2 Residential Bulk Regulations
requesting a deviation for the main structure side setback in the RS-GR Zoning District be denied
subject to the following conditions and findings of fact: Findings of Fact: 1.There are not special
circumstances or conditions applicable to the property referred to in the application which merit
an appeal of the city's codes; 2.A building permit was not applied for prior to construction of a
new structure. 3.All matters of improper placement of new structures and setback problems are
self-imposed. Board Member Booth seconded the motion. The board denied the request with a 4
-0 vote.
City of Apache Junction,Arizona Page 5
Board of Adjustment Meeting Minutes September 11, 2017
8. OLD BUSINESS
None.
9. NEW BUSINESS
None.
10. INFORMATION AND REPORTS
None.
11. SELECTION OF MEETING DATES, TIMES, LOCATION AND PURPOSE
Vice Chair Schoenbeck announced the next meeting is October 9,2017 at 7:00 pm in the city of
Apache Junction City Council Chambers located at 300 E. Superstition Boulevard.
12. ADJOURNMENT
Adjournment:
Meeting adjourned at 8:17 p.m.
Vice Chair Frank Schoenbeck
Chairperson
City of Apache Junction,Arizona Page 6
ORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION, ARIZONA
CASE NO. BA-2-17
DATE OF PUBLIC HEARING: SEPTEMBER llth, 2017
APPLICANT: DAVID DIXON
REPRESENTATIVES: DAVID DIXON
PROPERTY LOCATION: 611 S. VISTA ROAD
TAX ASSESSOR PARCEL #s : 103-04-058
SIZE OF SUBJECT PARCELS: +/-1 . 62 ACRES
ZONING DISTRICT: RS-GR (General Rural Low Density
Single-Family Residential, Conventional
or Manufactured Home, 1 . 25 acre minimum
lot) .
REQUEST: A request by David Dixon for a variance
to the main structure side yard setback
requirements.
BOARD AUTHORIZATION: Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning
Ordinance, Article 1-16: Administration,
Section 1-16-4 (C) Powers and Duties,
Subsection (2) , Appeals for Variances .
ACTION OF THE BOARD: The Board first met in Executive
Session for legal advice on the matter
pursuant to A. R. S. §38-431 . 03 (A) (3) .
The Board reconvened in public to
consider the matter with testimony and
evidence being presented and an
opportunity for the public to be heard.
After closure of the evidentiary
hearing, the Board discussed the case
BOARD OF ADJUSTMENT ORDER - BA-2-17
Page 1 of 3
and the following motion was made
(Motion and Second by board members
Gage/Booth) :
"I move that case BA-2-17, a request by David Dixon, for the Board
of Adjustment and Appeals to grant a variance of Apache Junction
City Code, Volume II, Chapter 1 : Zoning Ordinance; Article 1-5 :
Zoning Bulk and Use Regulations, Section 1-5-2 Residential Bulk
Regulations requesting a deviation for the main structure side
setback in the RS-GR Zoning District, be DENIED subject to the
following findings of fact:
Findings of Fact :
1 . There are not special circumstances or conditions applicable
to the property referred to in the application which merit an
appeal of the city' s codes.
2 . A building permit was not applied for prior to construction
of a new structure.
3 . All matters of improper placement of new structures and
setback problems are self-imposed.
VOTE: 4-0 IN FAVOR OF DENIAL OF VARIANCE. APPLICANT WAS INFORMED
ON THE RECORD OF THE 30 DAY APPEAL PERIOD TO SUPERIOR COURT.
SIGNED:
FRANK SCHOENBECK, VICE-CHAIRMAN DATE
ATTEST•
A-LAIRRY ,H, EXECUTIVE SECRETARY DATE
BOARDOT ADJUSTMENT AND APPEALS
BOARD OF ADJUSTMENT ORDER - BA--2-17
Page 2 of 3
APPROVED AS TO FROM:
<� 9. 19f / 7
RICHARD JOEL STERN, CITY ATTORNEY DATE
XC: David Dixon, Po Box 2924 , Apache Junction, AZ 85117
Joel Stern, City Attorney
Case File BA---2-17
BOARD OF ADJUSTMENT ORDER - BA-2-17
Page 3 of 3
ORDER
BOARD OF ADJUSTMENT AND APPEALS
CITY OF APACHE JUNCTION, ARIZONA
CASE NO. BA-1-17
DATE OF PUBLIC HEARING: September 11th, 2017
APPLICANTS : Richard C. and Beverly D. Spurgeon
REPRESENTATIVE: Richard Spurgeon
PROPERTY LOCATION : 336 S . Hopi Road
TAX ASSESSOR PARCEL #s : 101-22-046
SIZE OF SUBJECT PARCEL: 1 . 25 gross acres (0 . 8 net acres)
ZONING DISTRICT: RS-10M (Medium Density Single-family
Detached Residential, Conventional or
Manufactured Home, 10, 000 Square-Foot
Minimum Lot)
REQUEST: A request by Richard and Beverly
Spurgeon for a variance to the side
yard setback requirements, as part of a
proposal to also redesignate the front
yard and re-address the property from
S. Hopi Road to E. 4th Avenue.
BOARD AUTHORIZATION: Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 :
Zoning Ordinance, Article 1-16:
Administration, Section 1-16-4 (C)
Powers and Duties, Subsection (2)
Appeals for Variances . The Board first
met in Executive Session for legal
advice on the matter pursuant to A. R. S .
§38-431 . 03 (A) (3) . The Board reconvened
in public to consider the matter with
testimony and evidence being presented
and an opportunity for the public to be
heard.
BOARD OF ADJUSTMENT ORDER - BA-1-17
PAGE 1 OF 3
Action of the Board: After closure of the evidentiary
hearing, the Board discussed the case
and the following motion was made
(Motion and Second by board members
Gage/Booth:
"I move that case BA-1-17, a request by Richard and Beverly
Spurgeon for the Board of Adjustment and Appeals to grant a
variance pursuant to the Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 :
Zoning Bulk and [Ise Regulations, Section 1-5-2, Residential Bulk
Regulations, requesting to encroach 5 feet into a required 10-
foot side yard setback for a detached garage, which will result
with a future address change for the property currently
addressed as 336 S . Hopi Road (Parcel #101-22-046) , be APPROVED,
subject to the following conditions :
1) That all future construction on the property continue to be
properly permitted and be in compliance with normal setback
regulations and flood zone requirements .
2) That the property owners work with public works personnel
and their immediate neighbors to the east to explore the
possible relinquishment of their mutual frontages on S .
Hopi Road.
Findings of Fact :
1 . There are special circumstances or conditions applicable to
the property referred to in this application, which do not
prevail on other property in that zone or immediate area .
Those special circumstances or conditions include:
a) The property is encumbered by a natural wash which
makes it difficult to find and access.
b) The home is the only residence served by a road which
is not maintained by the city, nor marked, making it
difficult to find, especially by emergency personnel .
2 . The strict application of the regulations would work an
unnecessary hardship and the granting of the application is
necessary for the preservation and enjoyment of substantial
existing property rights, because:
BOARD OF ADJUSTMENT ORDER BA-1-17
PAGE 2 OF 3
a) The applicants are requesting a reasonable variance
which affects only one side of a properly permitted
building.
b) Property owners have a reasonable expectation that
emergency providers can find them in time of need. "
VOTE: 4-0 in favor of APPROVAL of the variance. The applicants
were informed of the 30-day appeal period to the superior court .
In addition, pursuant to Apache Junction City Code, Volume II,
Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-
16: Administration, Section 1-16-5 Appeal and Variance
Procedures, Subsection (I) Expiration, applicants have one year
from the date of this order to exercise the rights and
privileges established in the granting of this variance, after
which time this variance will become null and void.
SIGNED:
FRANK SCHOENBECK, VICE-CHAIRMAN DATE
ATTEST:
L RRY K , EXECUTIVE SECRETARY DATE
APPROVED AS TO FORM:
91 1$• 1 �'
RICHARD JOEL STERN, CITY ATTORNEY DATE
X. Richard & Beverly Spurgeon, 336 S. Hopi Rd. , Apache Junction, AZ 85119
Joel Stern, City Attorney
Case File BA-1-17
BOARD OF ADJUSTMENT ORDER - BA-1-17
PAGE 3 OF 3