BOAA Meeting Minutes – 02/15/2017

 

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BOARD OF ADJUSTMENT AND APPEALS
MINUTES FOR FEBRUARY 15. 2017

IN ATTENDANCE

BOARD MEMBERS   Staff 
Michael Schacht, Vice-Chairman Devin Brown, Director
Dan Muth Joe Young, Chief Deputy Attorney
Michael Bragiel (Absent) Shanna Pearce, Executive Assistant

Board of Adjustment and Appeals Meeting

Item #1    Call to order.

Vice-Chairman Michael Schacht called the meeting to order at 11:50 a.m.

Item #2    Roll Call/Determination of a Quorum.

Vice-Chairman Michael Schacht stated there was not a quorum present. Board members and Joe Young discussed prior to calling the meeting to order the rules and regulations of holding a meeting with only two board members present. It was decided to continue with the meeting but no actions would be taken.

Item #3    Call to the Public (Forms must be turned in at this time).

Public communication forms collected and turned in.

George Walsh, Vernon, AZ addressed the board with concerns and asked for consideration in asking for a written legal opinion on what the power of the conditions and limits the BOAA can add when granting a variance. He felt that some of the conditions added to the manufacture home applications were excessive and doesn’t feel conditions can be applied when they are not adopted in the ordinance. He felt the 15 year rule was detrimental to this area but would be ok for other areas of the county and added the fee and conditions were a little excessive.

The board and Mr. Walsh discussed the boards’ bases and limits when applying conditions, the positive reasons for applying the conditions, the requirements stated in the ordinance, health, safety and esthetics.

Mr. Young stated he had no problem in preparing a memo and would do more research.

Item #4    Approval of the minutes from the December 21, 2016 meeting.

No discussion. No action taken.

Item #5    Elect a new Chairman and Vice-Chairman for 2017.

No discussion. No action taken.

Item #6    Setting the time and place for monthly meetings for 2017.

No discussion. No action taken.

Item #7    Discussion, Consideration, and Action on a variance application allowing David Heskett to place a 2000 manufactured home on a 12.65 acre parcel in Lake View Ranch, Unit 1, Lot 50. Property is located near Concho Valley. A.P.N. 201-57-050A. This is a variance from Article 7. Section 730. A.1. Manufactured Homes, limiting the age of a manufactured home to 15 years old.  

Vice-Chairman Michael Schacht invited Odessa Mavrides, representative for the applicant, to provide input on the variance request.

Mrs. Mavrides stated that neither she nor the applicant knew of the 15 year age limit and this home was only two years over the age limit. Mrs. Mavrides stated she and her husband had lived in this home and it was in good condition, no problems, the skirting was in good condition, there was a deck that would be moved with the home. She added they have bought a new double-wide and need to get this home moved off the property.

Mr. Schacht questioned the background, size of the lot and location. Mrs. Mavrides stated she was not familiar with the property.

Mr. Schacht questioned the notification of the neighbors. Mrs. Mavrides stated she had not heard anything and added where he lived neighbors are scarce, he hadn’t had time to put a petition together as he lives out-of-town.

Mr. Schacht questioned if staff had all the necessary documents for the variance. Shanna Pearce stated the notification requirements had been met.

No action was taken as it was undetermined if a quorum was present.

Item #8    Report from Staff to the Board, including pending, recent, and future agenda items.

Board discussed holding a special meeting due to scheduling conflicts for March. It was decided to try and hold a meeting on March 6, 2017 to meet notification and posting requirements or March 8, 2017 if requirements could not be met for March 6, 2017.

Adjourn 11:50 a.m.

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