HomeMy WebLinkAboutORD1224ORDINANCE NO.1224
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF APACHE
JUNCTION,ARIZONA,APPROVING A PLANNED DEVELOPMENT MAJOR
AMENDMENT,CASE PZ-19-04,A REQUEST BY BRENT PAUSTIAN,ON
BEHALF OF WAYNE ASH,TO AMEND THE PLAN OF DEVELOPMENT TO ALLOW
THE CONSTRUCTION OF A SIX FOOT HIGH VIEW FENCE IN THE FRONT
YARD SETBACK ON A ±.4 GROSS -ACRE,CR-3/PD (SINGLE FAMILY
RESIDENCE ZONE BY PLANNED DEVELOPMENT)ZONED PROPERTY,LOCATED
±100 FEET SOUTH OF THE INTERSECTION OF MESQUITE AVENUE AND
SOUTH CACTUS ROAD ON THE EAST SIDE,BY AMENDING ORDINANCE
NUMBER 94;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING
FOR SEVERABILITY.
WHEREAS.the Mayor and City Council of the City of Apache
Junction,Arizona on February 16,1982,passed and adopted Ordinance
No.94,amending the Apache Junction,Arizona,Zoning Ordinance,by
amending the Zoning District Map,City of Apache Junction,Arizona,
changing the zoning classification in rezoning case PZ-4-81 from CR-3
(Single Family Residence Zone)and CR-5 (Multiple Family Residence
Zone)to CR-3/PD (Single Family Residence by Planned Development)and
CR-5/PD (Multiple Family Residence Zone by Planned Development);and
WHEREAS,on November 23,2004,the City of Apache Junction
Planning and Zoning Commission voted 1 to 5 to deny a motion for
approval;and
WHEREAS,the proposed Major Amendment,subject to the conditions
set forth herein,enables the use and integration of contemporary land
planning principles in such a manner to promote its most appropriate
use,and further allows diversification in the relationship of various
uses,structures,and spaces.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I:IN GENERAL
That the conditions of approval of Ordinance No.94 be amended for the
purpose of approving 'a Planned Development Amendment to allow the
ORDINANCE NO.1224
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construction of a view fence six feet in height in the front yard
setback as described herein,and in Case file PZ-19-04.The property
is legally described as follows:
Lot 401,Palm Springs,Unit Two,according to the plat of .
record in the Office of the Pinal County Recorder,Book 8,
Page 3.
Also known as Pinal County Assessor Parcel. Number 102-03-241.
The conditions of approval contained herein shall become applicable to
this development.
Furthermore,SECTION I I GENERAL REGULATIONS,4 Fences and Hedges,
contained in Ordinance No.94,shall be amended and applied to the
above referenced property as follows:
4.No wall, 'fence,or hedge.over three feet (3')in height
shall be constructed or maintained from the front street
line for a distance at least equal to the front yard
setback. area.For tho§e.lots on which residential
structures exist or are under'cqnstruction at the time
of adoption of this ordinance,no wall,fence,or hedge
over three feet (3')in height shall be constructed or
maintained nearer to the front street line than, the
front walls of the building erected on such lot or the
front yard setback,whichever is less.
Notwithstanding the above,as to the six foot (6')
subject wall located at 1957 S.Cactus Road,the wall
shall be constructed of three feet (3')of block with
three feet (3')of wrought iron view fencing.The block .
wall shall be stuccoed or mortar washed.A six foot
(6')solid block wall is prohibited.The subject view
fence should not be replaced in any manner if the wall
is removed or destroyed,except in compliance with
applicable main building setbacks.
All other stipulations of Ordinance No.94 are still in full force and
effect as originally adopted.
ORDINANCE NO.1224
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SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts Of ordinantes in conflict with the provisions
of this ordinance are hereby repealed.
SECTION III:PROVIDING FOR SEVERABILITY
If any section,sub -section,sentence,phrase,clause or portion of
this ordinance,or any part of the code adopted herein by reference,is
for any reason held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction,such decision shall not affect
the validity of the remaining portions thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 1sT DAY OF FEBRUARY 2005.
SIGNED AND ATTESTED TO THIS 1sT DAY OF FEBRUARY ,2005.
DOUGLAS COVMAN
.Mayor
ATTEST:
g e
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD JOEL STERN
City Attorney
ORDINANCE NO.1224
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