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HomeMy WebLinkAboutBA.1993.1109.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT NOVEMBER 9, 1993 A public meeting of the Fountain Hills Board of Adjustment was convened and called to order by Vice- Chairman Don Andrews at 7:00 p.m., Tuesday, November 9, 1993 in the Town Council Chambers located at 16836 E. Palisades Blvd., Fountain Hills, Arizona. AGENDA ITEM #1 - CALL TO ORDER Vice-Chairman Andrews called the meeting to order at 7:03 p.m. AGENDA ITEM #2 - ROLL CALL Roll call was taken and present for roll call were the following members of the Fountain Hills Board of Adjustment: Vice-Chairman Donald Andrews, Boardmember Earl Stavely, and Boardmember Paul Kostura. Also present were Associate Planner,Loras Rauch and Administrative Assistant, Joan McCartney. Chairman George Bard and Boardmember Sam Nicholson had excused absences. AGENDA ITEM #3 - PLEDGE TO THE FLAG AND INVOCATION After the pledge to the flag, the invocation was given by Vice-Chairman Andrews. AGENDA ITEM #4 - CONSIDERATION OF MINUTES - OCTOBER 12, 1993 Boardmember Stavely stated that he did not give the invocation at the October 12, 1993 meeting. Boardmember Stavely made a MOTION that the minutes of October 12, 1993 be accepted as corrected. Boardmember Kostura SECONDED and the motion CARRIED unanimously. AGENDA ITEM #5 - MOUNTAIN SHADOWS CUSTOM HOMES (SU93-11) 16516 E. INCA DRIVE FOUNTAIN HILLS, ARIZONA PLAT 203, BLOCK 3, LOT 3 Mrs. Rauch explained that written protests had been received after the posting notice of an application for a Temporary Use Permit for a model home. She went on to explain that because of the written protests the Temporary Use Permit could not be administratively issued and the issue was being brought before the Board of Adjustment for resolution. Mrs. Rauch explained that the application was for a permit for model home for a two year period. She stated that the property had been posted from October 19 to 29, 1993. She stated that five protest letters had been received, but that one had since been rescinded. Mrs. Rauch stated that the main issues of concern were increased traffic, noise and pollution, signage, infringement of commercial business upon a residential neighborhood, and the location within an established neighborhood. 1 Mrs. Rauch went on to say that since the Town was incorporated, there have 19 Temporary Use Permits L issued. She stated that the County had interpreted the Zoning Ordinance to mean that Fountain Hills was one subdivision and therefore, a developer was not restricted to have a minimum number of lots for sale and construction before being allowed to have a model home. Mrs. Rauch read the Findings of Fact in the Staff Report. She then showed slides of the various model homes throughout town. Boardmember Stavely asked the applicant,Richard Fisch,how long the sign advertising the house to be shown had been in place. Mr. Fisch stated that it was placed in June of 1993 and the house had been shown once since that time. Mr. Fisch stated that the potential buyers were screened before showing them the house. He stated that he had two houses that he shows. One house is on Cavern Drive and is a 3 bedroom, 3 bath home that is valued at $300,000 and the other is the one in question on Inca Drive and is valued at$1 million. He stated that the house was not open seven days a week, was not an office, and that the residents use the house only 2 or 3 weeks out of the year. Boardmember Stavely asked who was responsible for maintenance of the property and was told by Mr. Fisch that he managed the property and was responsible for seeing that the landscaping and pool were maintained. Vice-Chairman Andrews asked Mr.Fisch if he was the owner's agent and was told "yes" by Mr. Fisch. Vice- Chairman Andrews asked Mr. Jeppson what constituted a model home and was told by Mr. Jeppson that other than requiring a Temporary Use Permit, the house would probably have signage designating it as a model. Mr. Fisch reiterated that the home was not used as an office and was unmanned. Vice-Chairman Andrews asked if anyone in the audience was in favor of granting the Temporary Use Permit for a model home. There were no responses. Vice-Chairman Andrews asked if anyone in the audience wanted to speak against granting the Temporary Use Permit. Jerry Miles, 16317 E. Inca, stated that he was against the model home because of the illegal sign posted in front and the repeated visits by the Town Marshal made necessary by that sign. He stated that the Zoning Ordinance did not allow the sign. He added that Mr. Fisch had nothing in writing from the home owner that authorized him show the house as a model. He stated that Mr. Fisch was not a licensed contractor. Rick Melendez, 16657 E. Hawk,stated that the model home would intrude on the tranquility and peacefulness of the neighborhood. He stated that a commercial entity in a residential zone would not make the area look very nice. Dave Dawkins, 16548 E. Inca,stated that he lived adjacent to the subject property and had been forced to have the Marshal evict trespassers from his property. He stated that there had been two years of problems including an 18-wheel truck dumping granite in the road. Tern Rock stated that she was opposed to the model home in the neighborhood. Mr. Fisch stated that he was a licensed contractor and gave his license number as B099022. He stated that construction of the house had originally been by Diamond West and that he took over in August of 1992. He stated that on a project of that size, there had been several subcontractors, but that he had tried to resolve any problems during the construction period. Boardmember Kostura expressed his concern that there was no written proof or authority from the owner to apply for the Temporary Use Permit. 2 Mr. Fisch stated that he had put the sign on the property six months after completion of the job. Ms. Rock stated that she also had a problem with the sign on Fountain Hills Blvd. directing people to the house. Mr. Fisch stated that the sign on the property was less than five square feet and the size of a for sale sign, not a billboard. He went on to say that the sign was painted a mauve color that blended with the granite landscaping rock. He stated that other models in town had more obtrusive signage,but that he was not asking for as much. Boardmember Stavely asked that if the house was shown by appointment only, why was there was a need for a sign at all. Mr. Fisch stated that it was a two acre piece of property and he was also using the sign for name recognition in the town. Vice-Chairman Andrews asked if the third house Mr.Fisch was building was to be occupied upon completion and was told by Mr. Fisch that it would be. Mr. Melendez reiterated his objection to the model home as did Mr. Dawkins, Mr.Miles and Ms.Rock. Mrs. Marty Dawkins added her objection citing the need to call the Marshal on many occasions to stop infringements on her property by Mr. Fisch's subcontractors or maintenance crews. Vice-Chairman Andrews stated that he would like to stipulate that written authorization that Mr. Fisch was the legal agent from the property owner be presented within thirty days; that the two year limit be reduced; and in the event of a major infringement and action by the Marshal's Dept. resulting in a citation, the Temporary Use Permit would be revoked. Vice-Chairman Andrews made a MOTION that the Temporary Use Permit for a model home, case number SU93-11 be granted for a period of one year; and additionally that written authorization from the property owner that Mr. Fisch is the legal agent of the owner be submitted within 30 days; that if a citation is issued as a result of a commercial business in a residential zone the permit would be suspended; that signage shall not exceed that which is presently requested by the applicant and presently on-site (less than 5 square feet); and, that the model is to be shown by appointment only and not have on-site personnel manning the model. Boardmember Stavely SECONDED. Vice-Chairman Andrews voted "aye" and Boardmembers Stavely and Kostura voted "nay. The motion FAILED because of the lack of three members voting in the affirmative necessary to carry a motion. Boardmember Stavely made a MOTION that Temporary Use Permit Case Number SU93-11 be denied. Boardmember Kostura SECONDED. Boardmembers Stavely and Kostura voted "aye" and Vice-Chairman Andrews voted "nay". The motion FAILED because of the lack of three members voting in the affirmative necessary to carry a motion. Mr.Miles argued that if the motion was not approved,then it was denied. Vice-Chairman Andrews explained that the Board of Adjustment By-Laws specifically state that for the passage of any matter, there needs to be the affirmative vote of at least three members. Vice-Chairman Andrews asked if Mr. Fisch would be granted an extension time on the sign and was told by Mr. Jeppson that the sign would have to be removed,because Mr.Fisch did not have a Temporary Use Permit for a model home and therefore, could not operate as such until one was secured. Mr.Fisch asked if he could have a grace-period for leaving the sign in place and was told by Vice-Chairman Andrews that it was not within the Board of Adjustment's authority to grant such a grace period and that Mr. Fisch would have to remove the sign in that he did not have a Temporary Use Permit for a model home. Vice-Chairman Andrews explained to Mr. Fisch that he could request that the case be continued until the next Board of Adjustment meeting or he could withdraw the application and reapply at a later date. Mr. Fisch stated that he could not 3 be in town for the December 7, 1993 Board of Adjustment meeting, but asked that the case be continued to that date. Vice-Chairman Andrews made a MOTION that the application for a Temporary Use Permit, Case Number SU93-11,be continued until the December 1993 meeting. Boardmember Kostura SECONDED and the motion CARRIED unanimously. Ms.Rock asked if the people who had protested the model home needed to reappear at that time and was told by Vice-Chairman Andrews that they would if they still were in protest of the model home. Vice-Chairman Andrews stated that Case Number SU93-11 was continued until the December 7, 1993 Board of Adjustment meeting. Mr.Fisch stated that since he could not attend that meeting, he would like to reapply in January. Vice-Chairman Andrews stated that Mr. Fisch could withdraw his application and then resubmit it. AGENDA ITEM #b - CALL TO THE PUBLIC There were no speakers AGENDA ITEM #7 - ADJOURNMENT Boardmember Kostura made a MOTION to adjourn the meeting. Boardmember Stavely SECONDED and the motion CARRIED unanimously. The meeting adjourned at 8:10 p.m. FOUNTAIN HILLS BOARD OF ADJUSTMENT By: a '� George B d, Chairman NI TEST: C/eM VaAlLeti`__ Joan McCartney, AdministraAssistant CER'I'IF'ICATION 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 9th day of November, 1993. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 7th day of December, 1993. �� ( '2) - Joan McCartney, Administra ' e Assistant 4