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HomeMy WebLinkAbout1987-01-12 BOA MINUTES BOARD OF ADJUSTMENT CITY COUNCIL CHAMBERS 1001 NORTH IDAHO ROAD APACHE JUNCTION, ARIZONA JANUARY 12, 1987 PRESENT ABSENT GUESTS Mrs. Blatterspiel List in Mr. Sanchez Planning Office Mr. Setliff Mr. Schaffer Mrs. Perkins, Acting Chairman Mr. Williams, Staff Mr. Newcomer, Executive Secretary Ms. Ortberg, Recording Secretary SYNOPSIS Agenda dated January 12, 1987 approved as submitted Minutes dated December 8, 1987 approved as submitted BA-6-86 denied 1 . Roll Call Five members present. 2. Sanchez/Blatterspiel M/S "I move we adopt the Agenda as presented dated January 12, 1987." Motion passed 5-0-0. 3. Blatterspiel/Schaffer M/S "I make a motion that we adopt the Minutes dated December 8, 1986 as presented. " Motion passed 4-0-1 with Mr. Setliff abstaining. _ 4. Chairman opened BA-6-86 and asked for staff briefing. 5. Mr. Williams briefed the Board regarding this request to appeal the Zoning Administrator's decision concerning the non-conforming status of the applicant's property. He also showed a video of the subject site and asked the Zoning Administrator to comment. 6. Mr. Coleman Explained that the videotape was to show the physical characteristics of the site as well as the plumbing, electrical and mechanical facilities. He felt that any effort to put mobile homes on the site will require rewiring of the site. He gave the background of how this case got to the Board of Adjustment. Stated that the aerial photos indicate that there have been two trailers on the site. He did not feel that this site was suitable for four mobile homes, which is what the applicant had applied for. There seem to be three sewage dumps associated with three pads associated with three electrical connections. Stated the reason for the decision by the Code's Admin- istrator is that evidence was found for only one mobile home; everything else seems to have been a transient use. 7. Chairman asked the applicant to speak. BOARD OF ADJUSTMENT MINUTES JAN. 12, 1987 PAGE TWO OF THREE 8. Robert Atkins He gave the background of the purchase of this property. Stated he owns the adjoining mobile home park. He bought this property under the assumption that since the previous owner had used it as a mini five unit mobile home park under grandfathered rights, he would also be entitled to those rights. So he purchased two new trailers to put on the property to replace old ones. In doing so, he received a Cease and Desist Order from the Zoning Department. His request is to have the same grandfathered rights as the previous owner did and have the utilization of five spaces for rental purposes. Feels two mobile homes and three travel trailers would fit on the property. 9. Chairman there being no one wishing to speak in favor of this application, she asked if anyone wished to speak in opposition. 10. Jack Hawkins moved here for the lower density residential area. Stated that about 30 of the surrounding property owners have been personally contacted by himself or another person. He said a large majority of those people are opposed to this variance and a change in usage. He referred to certain sections of the Zoning Ordinance regarding variances, and commented on these. Also, since the non-conforming use was discontinued for more than 12 months, the grandfathered rights would be lost. 11 . Ralph Ekker stated Mr. Atkin used both the terms trailers and mobile homes. He asked for a clarification of which he meant. Also, what did he mean by renting to people under Section 8. 12. Robert Atkin stated he isn't sure of the difference between mobile homes and travel trailers. Also, stated that Section 8 are people who are receiving housing assistance. 13. Mr. Williams stated the State defines a mobile home as anything having 400 or more square feet. 14. Mary Ann Hawkins read a letter of protest from Mrs. B.A. Booch who was ill . Stated that one of the four mobile homes put on the property illegally is currently being lived in. Feels it should not be used. Also stated that since the park Mr. Atkins currently owns is in bad shape, why should this be any different. 15. Wakefield Walker Stated the change would be an encroachment on single family owners and it would be in contrast to the City's proposed goals. This would be a step in the wrong direction. MEM 16. John Cupp stated that the children from the B & R are causing trouble by not respecting private property. Also stated preference of having only travel trailers put on the subject site. 17. Walt Scheidereiter stated they bought in the area because of the low density and they desire it to stay that way. Also, in the past they were advised this was strictly an area for one mobile home per lot. Feels the density would ruin surrounding property values. BOARD OF ADJUSTMENT MINUTES JAN. 12, 1987 PAGE THREE OF THREE 18. Thomas Sengir they are trying to sell their lot because of the mess that is on the subject site right now. 19. Harold Richardson asked why an agreement can 't be worked out between the City and the applicant. 20. Mr. Coleman stated this is not something to be negotiated. This is dealing with the rights determined by the Zoning Ordinance, not a deal to be negotiated. .-. 21 . Mr. Atkins restated his request to utilize the five hook-ups on the property by putting on two mobile homes and a combination of travel trailers. 22. Chairman asked for staff's recommendations. 23. Mr. Williams staff feels that the applicant has not provided enough information to allow an increase in what the Zoning Administrator has granted. This would be one mobile home and two travel trailers. 24. Chairman closed this hearing to the public. 25. Mr. Setliff M/ "I would like to make a motion that the Board give the applicant time to come up with whatever evidence he can to further his case and to prove his point. 26. Chairman there being no second for the above motion, stated it dies for lack of a second. 27. Sanchez/Schaffer M/S "I move that case BA-6-86, an appeal of the Zoning Administrator's decision concerning certain non-conforming status, be denied and that the Board rules as follows- ... 1 . The Board affirms the Zoning Administrator's decision that the applicant is entitled to only one mobile home and two travel trailers on the subject property. The Findings to justify this decision are. 1 . The aerial photos show clearly that there was one home, one trailer, and two travel trailers existing at the time the grandfathered rights were granted. The motion passed 4-1-0 with Mr. Setliff dissenting. 28. Schaffer/Sanchez M/S to adjourn. Meeting adjourned at 8.40 p.m. Respectfully submitted,4; 1 4/h/ar es 4reWctal),Ic-xre/cutive Secretary J erkins, ding Chairman