HomeMy WebLinkAbout2018-06-11 BOA MINUTES ��, City of Apache Junction, Arizona Meeting Location
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Meeting Minutes at City Hall
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Monday,June 11,2018 7:00 PM City Council Chambers
1. Call to Order
Chair Schoenbeck called the meeting to order at 7:00 pm.
2. Pledge of Allegiance
Chair Schoenbeck led the Pledge of Allegiance.
3. Roll Call
Present 6- Vice Chair Gage
Board Member Borey
Chairperson Schoenbeck
Board Member Buzzin
Board Member Biggs
Board Member Weller
Excused 1 - Board Member Jones
Staff present:
Joel Stern, City Attorney
Larry Kirch, Development Services Director
Rudy Esquivias, Senior Planner
4. Consent Agenda
Board Member Biggs motioned to accept the agenda as presented. Board Member Buzzin
seconded. Approved in a vote of 6 in favor and none opposed. (Yes: Gage, Borey, Schoenbeck,
Buzzin, Biggs, Weller. No: none.)
Board Member Biggs motioned to approve the minutes with corrections on page 3 and page 4.
Board Member Buzzin seconded the motion. Approved in a vote of 6 in favor and none opposed.
(Yes: Gage, Borey, Schoenbeck, Buzzin, Biggs, Weller. No: none.)
18-279 Consideration of approval of agenda.
18-294 Consideration of approval of meeting minutes of May 7, 2018.
S. Motion for Executive Session in the Development Services Conference Room
None.
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Board of Adjustment Meeting Minutes June 11,2018
6. Public Hearings
18-278 Presentation, discussion, public hearing and consideration of case BA-3-17,
an appeal of the Zoning Administrator's decision by Bambi Johnson,
represented by Adam Martinez and Thomas F. Galvin, Jr. of the Rose Law
Group, appealing the Zoning Administrator's interpretation of Apache Junction
City Code,Volume ll, Land Development Code, Chapter 1, Zoning Ordinance,
Article 1-1: Introductory Provisions, Section 1-1-3 Applicability; and Article 1-2:
Types of Uses, Section 1-2-4 Administrative Uses; and Article 1-5: Zoning-
Bulk and Use Regulations, Section 1-5-3 Non-residential Use Regulations,
Table 5-3 Non-residential Use Regulations: and Article 1-6 Supplemental
Regulations, Section 1-6-23 Temporary Uses and Structures; and Article 1-16
Administration: Section 1-16-12 Conditional Use Permits,Administrative Use
Permits and Building Permits. Applicants disagree with and are appealing the
Zoning Administrator's interpretation pertaining to permits required for
"Temporary Uses"and/or"Private Outdoor Music Festivals/Events", including
number of events allowed and conditional use permit. This item was
continued from the May 7, 2018 meeting.
Chair Schoenbeck asked City Attorney Stern to update the board on the status of the case.
City Attorney Stern explained he received an email from the applicant's representative,Tom
Galvin, stating the applicant, Ms.Johnson, has withdrawn her appeal.
Chair Schoenbeck opened the public hearing portion of the item.
Hearing or seeing none, Chair Schoenbeck closed the public hearing portion of the item.
Chair Schoenbeck called for a motion.
Board Member Weller asked City Attorney Stern if the case is dismissed with prejudice. City
Attorney Stern replied not necessarily and the case could be brought back. He added that it
would be a different date and possibly if another statement was challenged. He said in this
forum, cases are dismissed with or without prejudice. Board Member Weller said the board is
quasi-judicial. City Attorney Stern said that is correct but doesn't think there is any enforcement
if it was said with prejudice.
Vice Chair Gage asked if by dismissing the case, the board is acknowledging the planning
department's interpretation of the code is four events a year before a conditional use permit is
required. City Attorney Stern said it is the zoning administrator's opinion but he thinks that is
correct and it would take at least four events to trigger a conditional use permit.
Board Member Weller asked if an amendment can be made and the board stands by the ruling
of planning and zoning. Chair Schoenbeck said he thinks by accepting dismissal the board is
standing by the decision. City Attorney Stern said yes. Board Member Weller said the applicant
can still challenge it without prejudice. Chair Schoenbeck said no matter what the board says,
they could come back and challenge it. City Attorney Stern said the applicant would have to pay
fees, it would have to be noticed again but they could bring it back if they wanted to. He added it
would be a new case with new fees involved.
Board Member Biggs motioned to accept the withdrawal of the case as stated in the email and
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Board of Adjustment Meeting Minutes June 11,2018
dismiss the case moving forward. Board Member Buzzin seconded the motion. Approved in a
vote of 6 in favor and none opposed. (Yes: Gage, Borey, Schoenbeck, Buzzin, Biggs, Weller.
No: none.)
7. Selection of Meeting Dates, Times, Location and Purpose
Board Member Biggs asked City Attorney Stern to explain if the next meeting were to approve
the minutes of this meeting. City Attorney Stern said it would be but could also be cancelled due
to lack of items. He said the approval of minutes doesn't have to occur at the next meeting
because there isn't a lot done here however, if this was a full blown meeting the board would
meet anyway. He added it depends on when staff would like to bring it back. He said if there
are no items, staff will let the board know there isn't a meeting. Chair Schoenbeck asked if they
would schedule a meeting and find out if the meeting will be held or not. City Attorney Stern said
correct. Board Member Biggs said if there isn't a meeting, it can be cancelled. City Attorney
Stern replied a motion is still made for the next meeting. He said it is posted on the city clerk's
website for that certain Monday every month, and if there is no meeting the board doesn't
convene and the board is notified. Board Member Biggs asked even if a meeting is scheduled,
staff will let the board know there isn't one. Director Kirch said that is correct.
Chair Schoenbeck called for a motion.
Vice Chair Gage moved that the Board of Adjustment hold a regular meeting on July 9, 2018 at
7:00 pm in the City Council Chambers located at 300 E. Superstition Boulevard. Board Member
Biggs seconded the motion. Approved in a vote of 6 in favor and none opposed. (Yes: Gage,
Borey, Schoenbeck, Buzzin, Biggs, Weller. No: none.)
8. Adjournment
Meeting adjourned at 7:10 p m.
Frank Schoenbeck
Chairperson
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