HomeMy WebLinkAbout2021-10-11 BOA MINUTES City of Apache Junction, Arizona Meeting Location:
City Council Chambers
at City Hall
MeetingMinutes
v 300 E Superstition Blvd
arzots� Board of Adjustment Apache Junction,Az
apacheju nctionaz.gov
Ph:(480)982-8002
Monday,October 11,2021 7:00 PM City Council Chambers
1. Call to Order
Vice Chair Durbala called the meeting to order at 7:00 pm.
2. Pledge of Allegiance
Vice Chair Durbala led the Pledge of Allegiance.
3. Roll Call
Present 5- Boardmember Osaki
Boardmember Knox
Boardmember O'Hara
Boardmember Schoenbeck
Vice Chair Durbala
Absent 2- Boardmember Buzzin
Chairperson Waldie
Staff present:
Joel Stern, City Attorney
Larry Kirch, DS Director
Rudy Esquivias, Planning Manager
Nick Leftwich,Associate Planner
4. Consent Agenda
Board Member Schoenbeck moved to accept the agenda as presented and approve the minutes
from the meeting of November 9,2020. Board Member O'Hara seconded the motion.
Yes: 5- Boardmember Osaki, Boardmember Knox,Boardmember O'Hara, Boardmember
Schoenbeck and Vice Chair Durbala
No: 0
Absent: 2- Boardmember Buzzin and Chairperson Waldie
Vice Chair Durbala called for a motion.
21-540 Consideration of approval of agenda.
21-541 Consideration of approval of the minutes of the November 9, 2020 regular
meeting.
5. Public Hearings
City or Apache Junction,Arizona Page 1
Board of Adjustment Meeting Minutes October 11,2021
21-572 Presentation, discussion, public hearing and consideration of case
P-21-82-BA, a request by John Holt for a variance pursuant to the City of
Apache Junction Zoning Ordinance Section 1-16-4, requesting to reduce the
front and street side yard setbacks for a future main structure on the RS-54
(Low-Density Single-Family Residence)zoned property at the northwest
corner of Hilton Road and the Smoketree Street alignment (Parcel No.
100-24-023C).
Vice Chair Durbala moved that Case P-21-82-BA,a request by John Holt 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 front setback and the street side setback in the RS54
Zoning District for the property identified as Parcel#100.24-023C,be approved subject to the
following conditions: 1.)The main structure front setback and the street side setback shall be
reduced to 5'(five feet).2.)That all future construction on the property continue to be properly
permitted and be In compliance with normal setback regulations and flood zone requirements.3.)
The wash and erosion protection setback area identified as the 15 foot sections from the top bank
of the wash shown on the proposed site plan(Exhibit#2)shall not be filled,diverted or altered in
any way,other than the construction of properly engineered and permitted retaining walls.
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 limits the available buildable area.b.The property is bordered by Federally
Patent Easements on three sides which further limits the amount of buildable area,and serve to
cause a unique situation on this property.Board member Schoenbeck seconded the motion.
Yes: 5- Boardmember Osaki, Boardmember Knox, Boardmember O'Hara, Boardmember
Schoenbeck and Vice Chair Durbala
No: 0
Absent: 2- Boardmember Buzzin and Chairperson Waldie
Associate Planner Leftwich gave a presentation on case P-21-82-BA, a variance request to
reduce setbacks for a future main structure on the parcel.
Board Member Schoenbeck had questions about prior granting of variances in the
neighborhood, the fence to the north of the subject property,the size of the proposed home, and
if there were any changes in zoning ordinances, easements or setback requirements since the
property was purchased a year ago.
Associate Planner Leftwich responded and stated there was a variance granted last year to
allow for a zoning exception, the proposed house which will be located approx. 5' back from
fence, changes were specific to commercial code, not residential. Associate Planner Leftwich
stated the applicant could answer the question regarding the size of the home.
Director Kirch responded that a front yard fence that doesn't meet the setback requirements
could be 4'solid and 2'opaque.
Vice Chair Durbala called Applicant Holt to address the board and asked about the wash and
erosion setbacks to ensure the applicant didn't have any issues with not filling in the wash, that
any alterations must be approved by the city.
Applicant Holt responded that he understood.
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Board of Adjustment Meeting Minutes October 11,2021
Board Member Schoenbeck asked the applicant about the size of the home.
Applicant Holt responded the home is 2800 SF and that the accessory building is roughly 1000
SF.
Vice Chair Durbala opened the public hearing portion of the item.
Randy Evner residing at 1760 N. Hilton,Apache Junction stated he is located directly south of
applicant Holt's property and has no issues with the variance.
Vice Chair Durbala closed the public hearing portion of the item.
Vice Chair Durbala asked for discussion from the board.
Board Member Schoenbeck stated he had concerns regarding granting variances on something
self-imposed and the degree of the variance. He further stated despite his concerns, he is in
favor of the variance but wanted his concerns on record.
Board Member Knox stated she thought the house size was proportionate to the lot size.
Vice Chair Durbala stated he thinks when the applicant bought the house, they didn't realize the
setback requirements or had concerns about the drainage ditch. He reiterated the applicant has
a statement they will not fill in the drainage ditch and understands it's importance for the people
down the road.
City Attorney Stern reminded the board of Apache Junction city code section 1-16-4 regarding
granting of variances and discussed the earlier question by Board Member Schoenbeck of
self-imposition. He wanted to point out that it's a unique circumstance having 33'federally
patented easements on three sides of the property.
Vice Chair Durbala called for a motion.
6. Old Business
None.
7. New Business
None.
8. Selection of Meeting Dates, Times, Location and Purpose
21-542 Regular meeting at 7:00 pm on Monday, November 8, 2021 in the city council
chambers located at 300 E. Superstition Boulevard,Apache Junction.
Board Member Schoenbeck moved that we have a regular meeting at 7:00 pm on Monday,
November 8,2021 in the city council chambers located at 300 E.Superstition Boulevard,Apache
Junction.Vice Chair Durbala seconded the motion.
Yes: 5- Boardmember Osaki, Boardmember Knox, Boardmember O'Hara, Boardmember
Schoenbeck and Vice Chair Durbala
No: 0
Absent: 2- Boardmember Buzzin and Chairperson Waldie
City orApache Junction,Arizona page 3
Board of Adjustment Meeting Minutes October 11,2021
Vice Chair Durbala called for a motion.
9. Adjournment
Vice Chair Durbala adjourned the meeting at 7:32 pm.
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4fiselZhair Joe Durbala
City of Apache Junction,Arizona Page 4