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HomeMy WebLinkAboutBA.1992.0908.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT SEPTEMBER 8, 1992 A public meeting of the Fountain Hills Board of Adjustment was convened and called to order by Chairman George Bard at 7:00 p.m., Tuesday, September 8, 1992 in the Town Magistrate Court located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona. AGENDA ITEM #1 - CALL TO ORDER Chairman Bard called the meeting to order at 7:00 p.m. AGENDA ITEM #2 - ROLL CALL, PLEDGE TO THE FLAG, AND INVOCATION Roll call was taken and present for roll call were the following members of the Fountain Hills Board of Adjustment: Chairman George Bard, Vice-Chairman Paul Kolwaite, Boardmember Joel Katleman, and Boardmember Donald Andrews. Boardmember Earl Stavely had an excused absence. Also present were Associate Planner, Loras Rauch and Administrative Assistant, Joan McCartney. After the pledge to the flag, the invocation was given by Boardmember Katleman. AGENDA ITEM #3 - CONSIDERATION OF MINUTES - JULY 7, 1992 Vice-Chairman Kolwaite made a MOTION that the minutes of July 7, 1992 be accepted as written. Boardmember Andrews SECONDED and the motion CARRIED unanimously. AGENDA ITEM #4 - REVIEW AND CONSIDER TEMPORARY USE PERMIT FOR A MODEL HOME: CUSTOM HOMES BY STEVE ANDERSON (SU92-08) 15503 PALOMINO PLAT 604C, BLOCK 7, LOT 1 FOUNTAIN HILLS, ARIZONA Mrs.Rauch explained that the Temporary Use Permit application was before the Board because opposition to the model home from surrounding property owners had been received by the Town. Mrs. Rauch explained the Zoning Ordinance and Code requirements, Section 26.13 (3). Mrs. Rauch informed the Board that four(4)letters of objections had been received prior to the end of the allotted objection period, in addition to one (1) letter and two (2) phone calls received after the cutoff time for objections had expired. Mr. Tim Anderson of Custom Homes by Steve Anderson stated that the model home was not a home business, but rather a glorified open house. Mr. Anderson went on to say that there would be one (1) 1 permanent and two (2) temporary signs (to be removed each night). Mr. Anderson added that the driveway of the model home was three (3) cars wide and would be used for a parking area. Mr. Anderson also added that the model home would not be a place of business and that all business transactions would be conducted at the Century 21 office. Those present that voiced their objection to the model home were: Dave Reynolds, Sandra Giordano,Jim Giordano, John Tarajcak. The objections raised were increased traffic, inadequate parking facilities, locating a business in a residential area, and excessive lighting. Mrs. Rauch explained the Maricopa County interpretation of the Zoning Ordinance as stated in the Staff Report. Chairman Bard asked if any other model homes were located within residential areas or usually located on main roads. Mrs. Rauch stated that the majority were within subdivisions or located on main roads. Mr. Anderson stated that it was his desire to sell the home as soon as possible and then possibly have a leaseback deal with the purchaser. Mr. Anderson stated his willingness to accept a shorter time limitation for the Temporary Use Permit as a trial period. Boardmember Katleman made a MOTION to allow the Temporary Use Permit for a six(6)month period and limiting the amount of lighting used at night, per the Zoning Ordinance. Boardmember Katleman amended his motion to approve the Temporary Use Permit for a six (6) month period commencing November 1, 1992, with a review by the Board of Adjustment after that time, if so desired by the Applicant. Boardmember Andrews SECONDED and the motion CARRIED unanimously. AGENDA ITEM #5 - REVIEW AND CONSIDER REQUEST TO WITHDRAW r. VARIANCE REQUEST BY: NEW AMERICAN BUILDERS (V92-10) 10821 N. MIDDLECOFF DRIVE PLAT 403A, BLOCK 1, LOT 15 FOUNTAIN HILLS, ARIZONA Vice-Chairman Kolwaite made a MOTION to accept withdrawal of case V92-10. Chairman Bard SECONDED and the motion CARRIED unanimously. AGENDA ITEM #6 - REVIEW AND CONSIDER VARIANCE REQUEST BY: ROBERT SCHAFRANKA (V92-12) 15919 JERICHO DRIVE PLAT 602C, BLOCK 1, LOT 11 FOUNTAIN HILLS, ARIZONA Mrs.Rauch read from the Staff Report,Findings of Fact, Analysis and Recommendation. Chairman Bard stated that it appeared that all four (4) criteria had been met and that it was just a matter of degree to which the hillside area was disturbed. Mrs. Rauch confirmed Chairman Bard's statement. 2 Mr. Schafranka stated that he had wanted the two (2) front, parallel retaining walls to soften the slope of the yard and to provide a flat deck area near the house. Boardmember Andrews suggested eliminating voile the lower wall, thus disturbing less of the hillside area. Boardmember Andrews made a MOTION that, after reading the Standards for Review, the Findings of Fact and the Recommendation contained in the Staff Report,the variance be approved with the stipulation that there be one (1) retaining wall that would follow the original upper retaining wall designation in the plans submitted by the Applicant. Vice-Chairman Kolwaite SECONDED and the motion CARRIED unanimously. Chairman Bard stated that anyone wishing to appeal the Board's decision, could do so within thirty (30) days with the Maricopa County Superior Court. AGENDA ITEM #7 - REVIEW AND CONSIDER VARIANCE REQUEST BY: M/M DONALD JOESTEN (V92-13) 15543 E. TACONY DRIVE PLAT 604D, BLOCK 3, LOT 3 FOUNTAIN HILLS, ARIZONA Mrs. Rauch read from the Staff Report,Findings of Fact, Analysis and Recommendation. The Applicant had no comments to make. Mrs. Rauch explained that the Applicant was caught between the Hillside Development Standards and the front yard setback requirements. She went on to explain that if the house was moved to the forty (40) foot setback instead of the requested twenty-four (24) foot setback, the maximum allowable disturbance square footage would be exceeded. Richard Conger requested that the variance be approved so that the front yard appearance would be in balance with the rest of the street. ..rr Vice-Chairman Kolwaite made a MOTION to approve the variance as requested by the Applicant. Chairman Bard SECONDED and the motion CARRIED unanimously. Chairman Bard stated that anyone wishing to appeal the Board's decision, could do so within thirty (30) days with the Maricopa County Superior Court. AGENDA ITEM #8 - ADJOURNMENT Chairman Bard adjourned the meeting at 8:25 p.m. with no objections. 4%. 6, FO ' i HILL jor..,....vtvittioNi PK.u. KOLl.JAIZ Vice.— ' VRAN.Y4 Joan McCartney, Administrative A st t 3 "� CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Board of Adjustment held on the 8th day of September, 1992. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 15th day of September, 1992. Joan McCartney, Administrative sistant �`'' 4