HomeMy WebLinkAboutRES 00-41RESOLUTION NO. 00-41
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, OVERRULING THE PLANNING
AND ZONING COMMISSION'S DECISION GRANTING A CONDITIONAL
USE PERMIT IN CASE NO. CUP -00-09, ALLOWING A SECOND
DETACHED SIGN ON A COMMERCIAL PROPERTY (C-3/ PD) ZONE,
LOCATED AT 400 SOUTH IDAHO ROAD, APACHE JUNCTION,
ARIZONA.
WHEREAS, A Conditional Use Permit ("CUP") application was filed by Rory
Kelley ("Applicant") for Eric Rosenberg ("Property Owner") on August 24, 2000, in the
Planning Division of the Development Services Department, pursuant to Apache
Junction City Code,Volume II,Land Development Code,Chapter 1,Zoning Ordinance
for one (1) detached ground sign to be located on the property at 400 South Idaho
Road, Apache Junction, Arizona.
WHEREAS, the Planning and Zoning Commission met in regular session on
October 24, 2000 and approved the request by a vote of four in favor and two opposed
for a detached ground sign to be located on the property at 400 South Idaho Road with
conditions as follows:
1)The applicant shall install the same sign as proposed in CUP -00-09; and,
2)The appropriate permits shall be obtained and the sign shall be installed
according to the provisions of The Land Development Code,Chapter 1,Zoning
Ordinance Article 21,Sign Code.
3)The Zoning Administrator may request the Commission to rescind the CUP if any
of the above conditions prescribed have not been met or have been violated,
and it is understood that the CUP may be revoked by the Planning and Zoning
Commission upon a finding that there has been material noncompliance with any
condition prescribed in conjunction with the granting of this CUP.
4)The existing signage placed on the south side of the building, for which no
permits have been approved, must be removed from the building prior to
installation of the ground monument sign approved in the CUP.
WHEREAS, on November 13, 2000, the Development Services Department,
pursuant to Apache Junction City Code,Volume II,Land Development Code,Chapter
1,Zoning Ordinance,Article 21,Sign Code §21.46(b) submitted an appeal of the
Planning and Zoning Commission decision to allow the detached ground sign on the
property legally described below:
RESOLUTION NO. 00-41
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Lot 7:
A portion of the Southeast quarter of Section 20, Township 1 North, Range 8
East of the Gila and Salt River Meridian, Pinal County, Arizona, more particularly
described as follows:
COMMENCING at the East quarter corner of said Section 20, thence South 00
degrees 03 minutes 30 seconds West along the East line of said Section 20 a
distance of 1266.70 feet to the North line of the South 52.00 feet of the
Northeast quarter of the Southeast quarter, Section 20;
Thence North 89 degrees 51 minutes 56 seconds West, North 89 degrees 51
minutes 41 seconds West (record) a distance of 50.00 feet to the West right-of-
way line of the Idaho Road and the True Point of Beginning;
Thence continuing along the North line of the South 52.00 feet of the Northeast
quarter of the Southeast quarter, Section 20 a distance of 374.88 feet;
Thence North 00 degrees 08 minutes 20 seconds East a distance of 165.43 feet;
Thence South 89 degrees 52 minutes 00 seconds East a distance of 84.74 feet
to a point of curvature of a circular curve having a radius of 63.39 feet and a
radius point which bears South 00 degrees 08 minutes 00 seconds West from
the Point of Curvature;
Thence continuing Easterly along the arc of said curve to the right through a
central angle of 35 degrees 17 minutes 43 seconds a distance of 39.05 feet to a
point of reverse curvature with a circular curve having a radius of 101.74 feet and
a radius point which bears North 35 degrees 25 minutes 43 seconds East from
the point of reverse curvature;
Thence continuing Easterly along the arc of said curve to the left through a
central angle of 36 degrees 02 minutes 24 seconds a distance of 64.00 feet to
the Point of Tangency;
Thence North 89 degrees 32 minutes 01 seconds East a distance of 14.20 feet
to a line common with a parcel recorded in Record No. 1996-042737 referred to
as the Evergreen parcel;
Thence South 54 degrees 50 minutes 00 seconds East along said common line
a distance of 39.61 feet to an angle point;
RESOLUTION NO. 00-41
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Thence continuing along said common line North 89 degrees 40 minutes 40
seconds East a distance of 146.61 feet to a point on the West right-of-way line of
Idaho Road;
Thence South 00 degrees 03 minutes 30 seconds West along said West right-of-
way line a distance of 113.67 feet to the True Point of Beginning.
WHEREAS, on December 5, 2000, the Mayor and City Council reviewed the
findings of the Planning and Zoning Commission at staffs request.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1)Pursuant to Apache Junction City Code,Volume II,Land Development
Code, Chapter 1,Zoning Ordinance,Article 21,Sign Code §21.43,
after consideration of all of the factors relating to the proposed sign
discussed and presented at the December 5, 2000, public hearing on
the appeal of Case CUP -09-00, the Mayor and City Council of the City
of Apache Junction, Arizona overrule the October 24, 2000 Planning
and Zoning Commission decision to grant a Conditional Use Permit to
Applicant.
2)The Mayor and City Council find the Planning and Zoning Commission
erred in its determination that placement of the sign will not adversely
affect the public, adjacent property, to the neighborhood or to the
public welfare in general.
3)The Mayor and City Council further find that the signage, as agreed
upon during the planned development, is adequate and the signage
that appears currently on the building is also adequate.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF DECEMBER 200 .
SIGNED AND ATTESTED TO THIS 29TH DAY OF JANUARY , 20041.
DOUGLAS/COLEMAN
Mayor
RESOLUTION NO. 00-41
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ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
RICHARD J. STERN
City Attorney
RESOLUTION NO. 00-41
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