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HomeMy WebLinkAbout1992.0108.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAT, SESSION OF THE FOUNTAIN HILLS TOWN COIJNCIJ, JANUARY 8, 1992 A Special Session, open to the public, and possible Executive Session of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 5:00 p.m. , Wednesday, January 8, 1992, in the Fountain Hills Council Chambers located at 16836 F. Palisades Blvd. , Building C, Fountain Hills, Arizona. ROLT, CALL - Following the pledge to the flag and the invocation by Vice Mayor Tibbetts, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council : Mayor John Cutillo, Vice Mayor Peg Tibbetts and Coiincilmembers Mike Minarsich, Frank Clark, Bill O 'Brien and Wally Hudson. Councilman Fox was absent. Aiso present were Town Manager Paul Nordin, Director of Community Development Gary Jeppson, Town Attorney Bill Farrell and Town Clerk Cassie Hansen. AGENDA ITEM #2 - DISCUSS AND POSSIBLY ACT UPON THE SPECIAL EVENT REQUEST SUBMITTED BY MCO FOR A CONCERT TN THE PARK ON SUNDAY, .JANiJARY 12, 1992. THE CONCERT, FEATURING THE RETREADS, WILL TAKE PLACE AT 2:30 P.M. AND MCO IS REQUJESTiNG TO CLOSE SAGUARO BOULEVARD FROM 1:30 TO 4:30 P.M. Councilman Hudson made a MOTION to approve the request. SECONDED by Vice. Mayor Tibbetts and CARRIED unanimously. AGENDA ITEM #3 - DISCUSS AND POSSIBLY ACT UPON FiLiNG AN ACTION CHALLENGING THE VARIANCE GRANTED BY THE BOARD OF ADJUSTMENT, VARIANCE #91-01.0 - PATRICK AND DIANE PRZYBYSZ, 17123 EAST MAT,TA. Mayor Cutillo read a statement regarding the case, reiterating that a property owner who had stockpiled dirt in his rear yard had been reported to the Town 's Community Development Director by a neighbor. He said that Mr. Jeppson had determined that the quantity of dirt involved required a permit and had subsequently notified the Marshal . Mayor Cutillo said that the Marshal had then issued a citation to the property owner and that the Town Magistrate ruled to dismiss if the property owner complied with the law and obtained the proper permits. Mayor Cutillo continued stating that the property owner complied, paying the proper penalty under the present Town Code. He said that it was then determined that the property fell under the hillside ordinance and that there was more fill imported than was allowed under the ordinance. Mr. Jeppson stated that there was a total of two hundred yards imported and only fifty yards could be brought in. Mr. Farrell stated that the importation of the dirt was a violation of the building codes and the arranging of the dirt was a violation of the hillside ordinance. Mayor Castillo continued by saying that the property owners had paid the fee and applied for a variance hearing. He said that the hearing had been held and there had been no opposition at the Board of Adjustment meeting. Mayor Cutillo said that neighbors that did attend were in favor of the request because the yard looked better than if the dirt was removed. He said the Minutes of the Town Council Special Session - 1/08/92 Page 1 of 3 variance was granted by a three to two vote of the Board. Mayor Cutillo said that because one of the members of the Board misspoke on his reason for granting the variance, the Council was being asked to enter into a law suit with their Board of Adjustment. Mayor Cutillo said the result of such lawsuit would he either they lose and it would remain as is or they would win and force the property owners to remove the imported fiil dirt. Mayor Cutillo stated that the Town should work out it 's internal problems by other means, adding that one solution to help prevent future permit violations would he to increase the penalty to be more compensorate with the violation. Mayor Cutillo said that stronger instructions on proper procedure for the Board should he instituted. Mayor Cutillo said that the person that made the disagreeable statement had asked not to he re-appointed. Councilman Hudson made the following MOTTON, whereas the Board of Adjustment at its December 10, 1991, meeting heard and acted upon variance #V91-010, Patrick and Diane Przyhys7, by granting the variance as requested, and whereas the Town Planning Director had recommended denial of this variance as not fully meeting the requirements of A.R.S. 9-462-06, and whereas the printed and recorded minutes of the Board of Adjustment covering this meeting reveal misconceptions and misunderstanding of the authority of the Board to grant variances, now he it resolved that the Town Manager is authorized and instructed as per paragraph "K" A.R.S. 9-462-06, to file in Superior Court, a complaint requesting a Stayed and final reversal from the decision of the Board of Adjustment in the above captioned variance case. Mr. Nordin stated that he and Mr. Farrell recommended he add "Town Attorney" to the directive also. Councilman Hudson stated that the motion would read "that the Town Manager and the Town Attorney he authorized. . . " SECONDED by Councilman Minarsich. Councilman O'Brien said that state Jaw was quite specific about what was necessary in order to allow a variance to he granted. He said that the minutes of that meeting showed that `14) the person was aware of the four conditions that had to be met. Councilman O'Brien stated that the four conditions were disregarded and in doing so, the Board of Adjustment exceeded their authority. He said they were authorized to evaluate on the four criteria and grant or deny on those grounds. Councilman Minarsich stated that the Council had been sworn in to uphold the public trust and this would he an opportunity to do so. He said he felt that it would show the public that they were capable of performing their own policing. He said that this was a quasi-judiciary board and to make a statement that the four conditions were not met and then recommend to grant the variance, was not acceptable with him. Councilman Minarsich said that there had been less serious requests made and denied. He added that the only avenue open to the Council was litigation. Councilman Clark stated that he could not add to the statements except to say that there was no intent to unduly reprimand someone for the action they took. HP felt the Council did not have a choice but to take action in something that they felt was iilegal . Councilman Hudson explained that the lawsuit was actually the filing of a statement of the Council 's position with the Superior Court. There would he no trial or testifying. HP explained that the Judge would then read the complaint, the minutes from the Board of Adjustment and the report from the Town planning department and then make a decision. Mayor Cutillo said that there were times when common sense should prevail . Councilman Minarsich said that if this was not a judicial branch of Town government, he would agree. Vice Mayor Tibbetts stated that there were five people on the Board and only one was involved with the misstatement. She said that they had to believe that the Minutes of the Town Council Special Session - 1/08/92 Page 2 of 3 other tour must have considered the four criteria. Vice Mayor Tibbetts said she did nor feel rhat the entire Hoard of Adjustment was in technical error. She also stated that she felt that court action was not necessary and should be the last effort. Councilman Minarsich stated that litigation was the only method of overturning an incorrect action. Motion CARRTFD with a vote of four aye votes to Mayor Cutiilo and Vice Mayor Tihhetts ' nay votes. AGRNDA TTFM #4 — CALL TO THE PUBLIC. Mayor Ciitillo made the call to the public and there was no comment. AGENDA ITEM #5 — ADJOURNMENT. Councilman Clark made a MOTION to adjourn. SECONDED by Councilman Minarsich and CARRIED unanimously. The Town Council adjourned at approximately 5:25 p.m TOWN OF FOUNTAT ILLS Ry: • John Cutillo, Mayor 4TTFST: eA/211,1:A— ,CJ , Cassie . Hansen, To Clerk PRFPAT?F'.i) BY: La i L. Brat .er, Secretary CBRTTFTCATTON I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session held by the Town Council of Fountain Hills on the 8th day of January, 1992. T further certify that the meeting was duly called and that a quorum was present. l)4'l'FD this I 4-L-day of January, 1992. Cassie R. Hansen, Town Clerk Minutes of the Town Council Special Session — 1/08/92 Page 3 of 3